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271 STATE OF NEW JERSEY v. ANTHONY GENTILELLO -- rank: 495

... and charged with second-degree death by auto, N.J.S.A. 2C:11-5 (count one); three counts of third ... pretrial issues raised. In pertinent part, the court denied defendant's motion to dismiss the indictment, but allowed defendant, at trial ... AN ADVERSE INFERENCE TO THE JURY ARISING FROM THE STATE'S FAILURE TO PRESERVE THE MOTOR VEHICLES INVOLVED IN THE HOMICIDE ... light of prevailing legal standards, we affirm the trial court's ruling permitting defendant to seek an adverse inference charge at ... necessary were brought before it. We reverse, however, the court's ruling prohibiting the arresting officers from testifying concerning drug intoxication ... request, the State discovered that, on October 19, 2004, defendant's vehicle had been inadvertently destroyed by defendant's insurance ...

docket:	A2844-06
court:	NJ Superior Court Appellate Division
decided:	2007-07-20
status:	unpublished
citation:
Document Size:	39621

272 TOWNSHIP OF WEST ORANGE v. 769 ASSOCIATES, LLC -- rank: 495

... brief; Kevin J. O'Connor, also on the brief).                 Richard S. Schkolnick argued the cause for respondent (Rabinowitz, Trenk, Lubetkin & Tully ... the condemnation. Defendant seeks a reversal of the motion judge's ruling and the dismissal of the Township's condemnation action.     Associates owns property at 769 Northfield Avenue in ... be known as Northfield Village.     To the north of Nordan's site is another proposed development, designated as Bel-Aire at ... single-family homes are planned for development. West of Nordan's site is a single-family home. Southeast of Nordan's property is a 52-acre tract owned by the ...

docket:	a6102-99
court:	njappellate
decided:	2001-07-02
status:	published
citation:	341 N.J. Super. 580
Document Size:	33102

273 CASTLE REALTY MANAGEMENT LLC v. KEVIN BURBAGE -- rank: 491

... unfair competition. Defendant moved to dismiss the complaint, arguing plaintiff's franchise agreement required disputes be submitted to arbitration. In a ... denied the motion to dismiss. Judge Dow also denied defendant's motion for reconsideration. Plaintiff withdrew its requests for equitable remedies ... was transferred to the Law Division. The denial of defendant's motion to dismiss and compel arbitration, although not a final ... J. 406 (2015). On appeal, defendant seeks reversal, maintaining plaintiff's action must be dismissed based on the arbitration clause in ... franchisor, and the contract clause barring a third-party beneficiary's reliance was not applicable to this matter. We are unpersuaded ... When Burbage left his employment with plaintiff and joined defendant's office, plaintiff initiated this action. Plaintiff alleged Burbage breached ...

docket:	a5399-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-13
status:	unpublished
citation:
Document Size:	27039

274 STATE OF NEW JERSEY v. STEVEN REID -- rank: 488

... OF COUNSEL SINCE COUNSEL CONCEDED HIS GUILT. POINT IV : DEFENDANT'S STATEMENT SHOULD HAVE BEEN SUPPRESSED BECAUSE HE WAS NOT INFORMED ... PROPERLY INSTRUCT THE JURY ON VALUATION. (NOT RAISED BELOW.) Defendant's Point IV does not warrant discussion in a written opinion ... and intelligently made by a defendant. Miranda v. Arizona , 384 U.S. 436 , 444, 86 S. Ct. 1602 , 1612, 16 L. Ed.2d 694 , 706-07 ... indictment with first degree murder of Joong Ahn, N.J.S.A. 2C:15-1 (count six); first degree kidnapping ...

docket:	A1570-04
court:	NJ Superior Court Appellate Division
decided:	2006-09-15
status:	unpublished
citation:
Document Size:	43059

275 /usr/local/share/www/libweb/collections/courts/supreme/a0077-15.opn.html -- rank: 469

... facts set forth in detail in Judge Hector R. Velasquez's July 2, 2015 opinion. In 1921, Goldenberg purchased all the ... title search revealed the alley was still titled in Goldenberg's name. In 2014, Smith, Narula, and Halladay brought this quiet ... alley as the result of adverse possession, and that Goldenberg's title was extinguished. Goldenberg appeals. II. We must hew to ... standard of review. "To the extent that the trial court's ruling . . . was premised upon factual findings, those findings are entitled ... N.J. 76, 92 (2013) (citation omitted). "The 'trial court's interpretation of the law and the legal consequences that flow ... and Appeals. 3 Before those Appellate Division decisions, our State's highest court had adopted the preponderance standard for adverse ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	59479

276 /usr/local/share/www/libweb/collections/courts/appellate/14165-15.opn.html -- rank: 463

... 2015 Messrs. DiSenso and Marchese: This letter constitutes the court’s opinion following trial in the above-referenced matter challenging the 2015 tax year assessment on plaintiff’s single-family residence. For the reasons stated more fully below ... for the 2015 tax year was 100%. See N.J.S.A. 54:51A-6(d). (By its own terms Chapter ... Soup Co. v. Camden City , 16 N.J. Tax 219, 227 (Tax 1996). Plaintiff filed a petition of appeal challenging the ... thus requiring a variance to be subdivided into conforming lot(s). The subject property is adjacent to the Ravine Avenue Tributary ... is not in any FEMA designated flood zone. II. Plaintiff’s Proofs Plaintiff’s expert testified that he relied on ...

docket:	14165-15
court:	NJ Tax Court
decided:	2016-08-31
status:	unpublished
citation:
Document Size:	39001

277 STATE OF NEW JERSEY IN THE INTEREST OF M.E.M. -- rank: 459

... and endangering the welfare of a child. The Family Part's March 2, 2022 order of disposition imposed a surcharge and ... with the victim and requiring certain conditions complying with Megan's Law, N.J.S.A. 2C:7-1 to -23. After M.E.M ... E.M. with first-degree aggravated sexual assault, N.J.S.A. 2C:14- 2(a)(1); second-degree sexual assault, N.J.S.A. 2C:14-2(b); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1). On January 25, ...

docket:	a3590-21
court:	appellate
decided:	2024-03-27
status:	Unpublished
citation:
Document Size:	21862

278 CITY OF CAPE MAY, A Municipal Corporation of the State of New Jersey V. J. FRED COLDREN, -- rank: 459

... to plaintiff for legal fees and costs based on defendant's non-acceptance of an offer of judgment, See footnote 1 ... as City Manager in January 1983 pursuant to N.J.S.A. 40:82-3(a);" that regardless of whether he ... statutory tenure, the plaintiff-municipality was "barred from challenging Defendant's established tenure as City Manager" because his tenure status was ... between the parties, and that, in any event, " N.J.S.A. 40:69A-207 protected Defendant's office from being abolished without due process." Independently, defendant contends that the plaintiff's offer of judgment directed only to one count of ...

docket:	a6352-97
court:	njappellate
decided:	2000-02-25
status:	published
citation:	329 N.J.Super. 1
Document Size:	25572

279 225 LONG AVENUE, LLC v. IRON MOUNTAIN INFORMATION MANAGEMENT, LLC -- rank: 456

... The statement of reasons also explained the dismissal of defendant's counterclaim and third-party complaint, enforcing provisions of the lease ... components. First, defendant took on a portion of Time Record's clients. It received a client list as well as an ... because defendant acquired some—but not all—of Time Record's clients, the boxes it purchased remained intermingled with roughly 59 ... 000 other boxes and other items, which remained Time Record's. The lease between Iron Mountain and Long Avenue was for ... two years and applied to several buildings at Long Avenue's Hillside warehouse facility—about 350,000 square feet of space ... every time a box was moved or added. Time Record's operations manager, James Dowse, later credibly testified as to ...

docket:	a2441-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-12
status:	Unpublished
citation:
Document Size:	28073

280 IN RE: PETITION FOR AUTHORIZATION TO CONDUCT A REFERENDUM ON THE DISSOLUTION OF UNION COUNTY REGIONAL HIGH SCHOOL DISTRICT NO. 1 -- rank: 446

... of Garwood     (DeCotiis, Fitzpatrick & Gluck, attorneys;     Ms. Rymer and J.S. Lee Cohen, on the brief).     Robert A. Goodsell argued the ... Clark, Garwood, Kenilworth, Mountainside and Springfield. Pursuant to N.J.S.A. 18A:13-51, the boards of education and governing ... of the regional district." Ibid. In accordance with N.J.S.A. 18A:13-52, the County Superintendent filed a report ... petitioned the State Commissioner of Education pursuant to N.J.S.A. 18A:13-54, "for permission to submit to the ... Board of Review chaired by the Commissioner. See N.J.S.A. 18A:13-56. In a brief letter opinion issued ... first apply to the County Superintendent of Schools. N.J.S.A. 18A:13-51. It is important to note, ...

docket:	a1925-95
court:	njappellate
decided:	1997-02-20
status:	published
citation:	<a href=
Document Size:	31534

281 THE MEDICAL SOCIETY OF NEW JERSEY v. NEW JERSEY -- rank: 443

... official capacity as Commissioner of the State of New Jersey's Department of Banking and Insurance; THE HONORABLE CLIFTON R. LACY ... official capacity as Commissioner of the State of New Jersey's Department of Health and Senior Services; THE STATE OF NEW ... whether the Medical Society has standing to challenge the Commissioner's approval, and if it does, whether the Society is entitled ... conclude the Medical Society has standing to challenge the Commissioner's approval of the acquisition. However, the Society is only entitled to appellate review of the Commissioner's findings of fact and conclusions of law, not a trial ... in the Law Division. We also conclude that the Commissioner's findings are supported by substantial credible evidence and that ...

docket:	A0439-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-06
status:	published
citation:
Document Size:	34899

282 STATE v. R.F.L. -- rank: 440

... F.L. was convicted of first-degree kidnapping, N.J.S.A. 2C:13-1b, it must be gleaned from I.P.'s testimony. There was no other evidence. We thus consider her ... Reyes , 50 N.J. 454 , 458-459 (1967). N.J.S.A. 2A:118-1 followed the common law by requiring ... prosecutorial zeal from elevating "lesser crimes into more serious crime[s]." Id. at 587. Reviewing the authorities, including the Model Penal ... confinement significantly increases the dangerousness and undesirability of the defendant's conduct, ibid. , the Court gave its further endorsement to the ... Circuit in Virgin Islands v. Berry , 604 F.2d 221 , 227 (3d Cir. 1979), namely         (1) the duration of the ...

docket:	a3438-94
court:	njappellate
decided:	1996-06-21
status:	published
citation:	291 N.J.Super. 517
Document Size:	14076

283 /usr/local/share/www/libweb/collections/courts/tax/18029-09.opn.html -- rank: 440

... Mr. Rosenberg and Mr. Sherman: This letter constitutes the court’s decision after trial of this matter where plaintiff timely appealed ... not visible in the photograph but the court accepts plaintiff’s testimony that some damage requiring repair exists there. 3 Comparable ... when he entered into the sales agreement. Comparable number two, 227 5 th Street This two-story two-family home sold ... sold again on November 6, 2008 for $170,000, by U.S. Bank N.A. and plaintiff relied on the November bank ... 000. The witness also provided a document from the assessor’s office that confirmed the three sales prices and the ...

docket:	18029-09
court:
decided:	2012-08-15
status:
citation:
Document Size:	41015

284 DONNY W. HAYNES AND PAULINE HAYNES v. MAY DEPARTMENT STORES COMPANY, d/b/a STRAWBRIDGES -- rank: 437

... that on Sunday, July 1, 2001, they went to Strawbridge's Department Store in Moorestown to shop. When Pauline went into the women's fitting room in the junior miss department to try on ... of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, negligent infliction of emotional ... that she worked in the junior miss department at Strawbridge's. She stated that in the five years she worked there ... to ask a number of men to leave the women's fitting area - "young men," "older men," "African-American," "Hispanic" and ... upset because Prakash had asked Donny to leave the women's fitting room. Alvarado was not in the fitting room ...

docket:	a6704-04
court:	njappellate
decided:	2007-03-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	43646

285 STATE OF NEW JERSEY v. GREGORY K. PERRY -- rank: 434

... third-degree fraudulent use of a credit card, N.J.S.A. 2C:21-6(h) (count six), and third-degree receiving stolen property, N.J.S.A. 2C:20-7 (count eight), charged in a sixteen ... defendant with possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1), was dismissed pursuant to ... the indictment, charging him with second-degree escape, N.J.S.A. 2C:29-5, and was sentenced to a five ... 4 reported to the Hackensack Police Department that her daughter's house was burglarized. Several items, including C.Y.K's credit cards were stolen. Soon thereafter, Hackensack detectives determined ...

docket:	a0617-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-04
status:	Unpublished
citation:
Document Size:	18006