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331 STATE OF NEW JERSEY v. JONATHAN WEATHERS -- rank: 492

... Deputy Public Defender II, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; James K. Smith, Jr., Assistant Deputy ... indictment charging defendant Jonathan Weathers with purposeful murder, N.J.S.A. 2C:11-3(a)(1); felony murder, N.J.S.A. 2C:11-3(a)(3); first-degree robbery, N.J.S.A. 2C:15-1; and third- degree witness tampering, N.J.S.A. 2C:28-5(a)(1). After the court denied defendant's motion to suppress his recorded statement, a jury convicted ...

docket:	a2566-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-25
status:	Unpublished
citation:
Document Size:	91433

332 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 492

... Russo, Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Joseph J. Russo, of counsel and ... the juvenile offender sentencing factors enumerated in Miller, 567 U.S. at 477-78. The record demonstrates that defendant has remained ... still fails to appreciate 1 Miller v. Alabama, 567 U.S. 460 (2012). 2 A-4368-19 risks and consequences, and ... 1981. Later that month, the trial court granted the State's motion to waive defendant to adult court. The waiver statute ... would constitute homicide . . . if committed by an adult,' N.J.S.A. 2A:4-48, and 'together with the absence of ... unlawful possession of a weapon (the tire iron), N.J.S.A. 2C:39-4(d) (count one); and two ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

333 ON-TARGET STAFFING, LLC v. ZURICH AMERICAN INSURANCE COMPANY -- rank: 492

... the policy) Zurich had issued to On-Target. Following Zurich's denial of the requested coverage, On-Target filed this action ... motion for summary judgment on its claims and granting Zurich's cross-motion for summary judgment dismissal of the claims. Having ... arguments, and the applicable legal principles, we affirm the court's order denying On-Target's motion for summary judgment, reverse the order granting Zurich summary ... Manuel Perez, who the complaints variously claimed was On- Target's agent, employee, or servant. The complaints alleged Perez negligently operated ... operation of the van and is vicariously liable for Perez's negligence. The court consolidated the separate underlying actions into ...

docket:	a1451-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-17
status:	Unpublished
citation:
Document Size:	62390

334 JESSICA DELLE FAVE v. THE NEIMAN MARCUS GROUP -- rank: 492

... Law Division order that denied their motion to dismiss plaintiff's employment discrimination complaint, and compel arbitration. Having reviewed defendants' arguments ... claims under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, (Count One); and the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, (Counts Two, Three and ... filing a workers' compensation claim, (Count Five). See N.J.S.A. 34:15-39.1. Plaintiff claimed that NMG negligently ... JAMS, whichever agency the initiating party may select. The mediator's fee and other association charges for mediation shall be borne ... mediation, the initiating party must comply with the selected agency's rules. The AAA can be reached by calling 972- ...

docket:	a1805-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	38433

335 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION v. SIMON FAMILY ENTERPRISES, L.L.C. et al. -- rank: 486

... be found at 367 N.J. Super. 242, 842 A.2d 315. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE ... the Simon tract to Tilton Road. There is a McDonald's restaurant directly to the south of the tract, a mobile ... of the Simon tract. Those negotiations ended with the State's offer of $308,000 for the parcel, which Simon rejected ... Uibel Avenue, was constructed on the eastern portion of Simon's tract, connecting Tilton Road with the Black Horse Pike. After the taking, the Simon parcel's available frontage on the Black Horse Pike was reduced from ... about the fair market value of the property. The State's expert calculated just compensation to be $400,000, while ...

docket:	a6190-01
court:	njappellate
decided:	2004-03-05
status:	published
citation:	367 N.J. Super. 242
Document Size:	42969

336 MICHAEL MARKOWSKI v. JOSEPH P. HUMPHREY, et al. -- rank: 483

... taken place. We affirm both the judgment and the court's order denying intervention. I. Evidence at trial disclosed that Michael ... lengthy period of recuperation and caused permanent damage to Markowski's short-term memory and other neurological functions. Markowski claims, in ... At trial, testimony was presented to the jury on plaintiff's behalf by a friend of Markowski, Kevin Cheshire; by Markowski ... responded to the scene of the assault; and by plaintiff's medical expert, Dr. Laurence Eisenstein, M.D., a board-certified ... None of the defendants was called to testify during plaintiff's case. However, versions of the events, given by John Humphrey ... his friend, Kevin Cheshire, in order to celebrate New Year's Eve with his friend, who was dating a young ...

docket:	A2437-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-14
status:	unpublished
citation:
Document Size:	103863

337 STATE OF NEW JERSEY v. SEAN MALCOLM -- rank: 483

... J. Confusione, Designated Counsel, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Mr. Confusione, on the brief). Linda ... PER CURIAM This is an appeal of the trial court's denial of post-conviction relief ("PCR"). Following a jury trial ... was not directly observed by any third party. The decedent's body had been found in his basement apartment. Defendant lived ... in the basement when Florio, defendant, and Warren Braxton, defendant's companion, arrived to complete the search. Florio recalled that Braxton ... toxicology expert, who found cocaine and morphine in the victim's blood. Following the jury verdict, the trial judge 1 sentenced ... disqualifier pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. In May 2007, we ...

docket:	a3187-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-10
status:	unpublished
citation:
Document Size:	21163

338 GERALD CLARK v. KEEFE BARTELS CLARK LLC GERALD CLARK v. KEEFE BARTELS CLARK LLC -- rank: 483

... KEEFE BARTELS, LLC, a New Jersey limited liability company, JOHN E. KEEFE, JR., PATRICK J. BARTELS, CRAIG H. LIVINGSTON, and LIVINGSTON ... P.C., attorneys; Mr. Kelly, Sarah K. Delahant, and William S. Peck, of counsel and on the briefs). Robert Mahoney argued the cause for respondents Keefe Bartels LLC, John E. Keefe, Jr., and Patrick J. Bartels (Norris McLaughlin & Marcus, P ... order dismissing without prejudice, pursuant to Rule 4:6-2(e), his complaint against defendants Keefe Bartels Clark, LLC, John E. Keefe, Jr., Patrick J. Bartels, Craig H. Livingston, and Livingston ... not three. We affirm, except that we reverse the court's ruling with regard to the number of arbitrators. Keefe, ...

docket:	a2802-12 a2802-12
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-04-02 2014-04-02
status:	unpublished unpublished
citation:
Document Size:	30295

339 STATE OF NEW JERSEY v. SALAHUDDI F. SMART -- rank: 479

... Indictment Nos. 18-02-0409 and 19-01-0169. Joseph E. Krakora, Public Defender, attorney for appellant (Stefan Van Jura, Assistant ... Deputy Public Defender, of counsel and on the brief). Jill S. Mayer, Acting Camden County Prosecutor, attorney for respondent (Hannah M ... intent to distribute a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(13).1 Defendant moved to ... criminal contempt of a domestic violence restraining order, N.J.S.A. 2C:29-9(b). A-1273-19 2 On ... candidly admitted he did not know what was in defendant's hand—conceding that he had no clue what it ...

docket:	a1273-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-30
status:	Unpublished
citation:
Document Size:	33981

340 MARKEIM-CHALMERS, INC v. WILLINGBORO URBAN RENEWAL, LLC -- rank: 479

... N. Milligan argued the cause for appellants/cross-respondents. Bruce S. Luckman argued the cause for respondent/cross-appellant (Sherman, Silverstein ... this matter is the entitlement to a real estate broker's commission for the lease and sublease of a commercial building ... and Strayer University, Inc. ("Strayer") partial summary judgment dismissing MCI's claim for a commission on the ten-year sublease of ... leave the office building vacant after September 2012. Urban Renewal's lender required it to find a new tenant for the ... purchaser or tenant and, if it did, receive a broker's commission. 1 In one broker agreement, the "open listing agreement ... about the property. In emails later that week to Strayer's broker, Cushman and Wakefield of Pennsylvania, Inc. ("C&W"), ...

docket:	a5469-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	unpublished
citation:
Document Size:	70638

341 LOUIS B. OFF v. DIVISION OF TAXATION -- rank: 476

... INHERITANCE TAX BUREAU, : : Defendant. : 3 Decided July 17 , 1996 Theodore S. Ridgway for plaintiff (Ridgway and Ridgway, attorneys) Paul Tannenbaum for ... contends that the complaint must be dismissed under N.J.S.A. 54:34-13 and N.J.S.A. 54:49-18(a) because plaintiff neither protested the Director's assessment nor filed a complaint in the Tax Court to ... deduction against the assets of the estate for claimed executor's commissions in the amount of $39,981.12. 3 On ... 215.86. The tax increase was due to the Director's reduction from $39,981.12 to $17,250.63 ...

docket:	11123-94
court:
decided:	1996-07-17
status:
citation:	16 N.J. Tax 157
Document Size:	86722

342 STATE OF NEW JERSEY v. JOSHUA M. GREEN -- rank: 476

... Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Stefan Van Jura, of counsel and ... 2 the restroom. When he returned, defendant stood 'by [Maria's] side' about 'two feet' from her. When Maria turned her ... neck and pushed her head down towards the toilet. Defendant's pants were down around his knees, and he repeatedly attempted to put his penis into Maria's mouth, pulling her head up from the toilet by her ... able to cover her mouth with her hands, preventing defendant's penis from entering her mouth. Defendant then began to choke ... Defendant A-0062-19 3 then attempted to penetrate Maria's vagina with his penis but could not because 'his ...

docket:	a0062-19
court:	NJ Superior Court Appellate Division
decided:	2023-02-10
status:	Unpublished
citation:
Document Size:	40251

343 ROBERT H. STILL v. BOARD OF REVIEW -- rank: 476

... General, argued the cause for respondent Board of Review (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General ... voluntarily without good cause attributable to the work," N.J.S.A. 43:21-5(a), and was ineligible for unemployment compensation. After the Labor Department's Board of Review (Board) affirmed the Appeal Tribunal's decision, Still appealed. Given our deference to the agency's decision-making, we affirm. I. We discern the following facts ... one customer to another. Still asserted that Michael Sands, National's president, discharged him on July 17, 2010 for refusing ...

docket:	a4310-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-28
status:	unpublished
citation:
Document Size:	66517

344 GROUP HEALTH INCORPORATED v. MYRNA B. TAGAYUN -- rank: 473

... interlocutory order became final on February 8, 2008, when defendant's counterclaim was dismissed with prejudice. Despite our reluctance to do ... 172 , 185-86 (Heher, J., concurring), cert. denied , 357 U.S. 928 , 78 S. Ct. 1373 , 2 L. Ed.2d 1371 (1958). On December 11, 2003, plaintiff and defendant executed ... The audit in question was a review conducted by plaintiff's Special Investigations Unit, which determined that between 1995 and 2001 ... Then, in an August 19, 2005, letter to plaintiff, defendant's "Practice Manager," Robert S. Mandell, wrote: As indicated in ...

docket:	a2623-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-06
status:	unpublished
citation:
Document Size:	53423

345 STATE OF NEW JERSEY IN THE INTEREST OF N.C. -- rank: 473

... Public Defender, argued the cause for appellant N.C. (Joseph E. Krakora, Public Defender, attorney; Karl R. Keys and Carrolyn A ... argued the cause for respondent Department of Human Services (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General ... granted N.C. leave to appeal from the Law Division's order directing the Office of the Public Defender to obtain ... that the court follow the procedure specified in N.J.S.A. 2C:4-4 to -6 for determining N.C.'s fitness to proceed. N.C., fourteen years old, was charged ... would have constituted first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), second-degree sexual ...

docket:	a1713-17
court:	NJ Superior Court Appellate Division
decided:	2018-03-05
status:	published
citation:	453 N.J.Super. 449 182 A.3d 419
Document Size:	68477