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3631 /usr/local/share/www/libweb/collections/courts/appellate/a0974-20.opn.html -- rank: 314

... the Superior Court of New Jersey, Law Division, Hudson County, L-1085-20. 1 Plaintiff named as a defendant 'Branch Banking ... amend the caption accordingly. Houston & Totaro, attorneys for appellant (Madeline L. Houston and Melissa J. Totaro, on the briefs). Piro Zinna ... two agreements, both of which had an A-0974-20 2 arbitration clause. The Motor Vehicle Retail Order contained the following ... BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR ... sold him the car at a higher price than advertised; (2) orally agreed to one price but included additional charges improperly ... Retail Order, which provided that if a finance agreement 'contain[ed] a provision for arbitration of claims which conflicts with ...

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3632 ANIMAL PROTECTION LEAGUE OF NEW JERSEY V. NEW JERSEY FISH AND GAME COUNCIL -- rank: 314

... New Jersey Department of Environmental Protection (DEP); A-1019-22 2 DEP Commissioner Shawn M. LaTourette; and Governor Philip D. Murphy ... 5, 2022, we denied appellants' motion and lifted the stay.2 The Supreme Court denied appellants' ensuing emergent application to stay ... and Friends of Animals withdrew their participation in this appeal. 2 While appellants' application was pending, respondents filed an emergent application ... forth in section 52:14B-4(c) of the APA; (2) respondents failed to comply with the Court's holding in ... APA, and will be deemed 'invalid' if its adoption 'fail[ed] to follow APA procedures.' N.J. Animal Rts. All. v ... Council and published in the New Jersey Register on October 2, 2023. 55 N.J.R. 2056(a) (Oct. 2, ...

docket:	a1019-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-06
status:	Published
citation:
Document Size:	49274

3633 STATE OF NEW JERSEY VS. LIONELL G. MILLER -- rank: 314

... 0128. Jennifer Nicole Sellitti, Public Defender, attorney for appellant (Susan L. Romeo, Assistant Deputy Public Defender, of counsel and on the ... N.J.S.A. 2C:11-3(a)(1), (a)(2), and N.J.S.A. 2C:2-6 (count one); first-degree felony murder, N.J.S ... 11-3(a)(3) and N.J.S.A. 2C:2-6 (count two); three counts of first-degree robbery, N ... and/or N.J.S.A. 2C:15-1(a)(2) and N.J.S.A. 2C:2-6 (counts three, six, and nine); eight counts of ...

docket:	a0065-21
court:	appellate
decided:	2024-07-11
status:	Unpublished
citation:
Document Size:	15742

3634 ESTATE OF ARTHUR M PICON v. FBR GROUP -- rank: 314

... Court of New Jersey, Law Division, Essex County, Docket No. L-7461-11. Leonard C. Leicht argued the cause for appellants ... or order as a matter of law." R. 4:46-2(c). To decide whether there is a genuine issue of ... insurance brokers for the purchase of several life insurance policies. 2 Through defendants, Drew and Arthur purchased and sold two policies, each with a face amount of $2,500,000. They purchased the policies in 2007 and sold ... defendants, without telling the Picons, tried to obtain an approximately $90,000 commission from the sale of the policies. If defendants ... with the sale of each policy, instead of awaiting the $2,500,000 death benefit. Plaintiffs now claim that they ...

docket:	a2305-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-15
status:	unpublished
citation:
Document Size:	32265

3635 STATE OF NEW JERSEY v. MICHAEL DARBY -- rank: 314

... is, it fell below an objective standard of reasonableness; and 2) counsel's deficient performance prejudiced the defense, that is, there ... U.S. 668 , 687, 104 S. Ct. 2052 , 2064, 80 L. Ed.2d 674 , 693 (1984); State v. Allah , 170 N.J ... quoting Brady v. United States , 397 U.S. 742 , 751, 90 S. Ct. 1463 , 1470, 25 L. Ed.2d 747 (1970)) (other internal citations omitted).] We find ...

docket:	a4099-06
court:	njappellate
decided:	2008-05-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	31999

3636 RYAN KERR v. BERT TRANSMISSIONS -- rank: 314

... a New Jersey Corporation, Defendants. ___________________________________ September 6, 2012 Argued May 2, 2012 - Decided Before Judges Axelrad and Sapp-Peterson. On appeal ... Court of New Jersey, Law Division, Hunterdon County, Docket No. L-0395-05. Anne P. McHugh argued the cause for appellants ... claim against Bert and Olsen would be dismissed on August 2, unless action required under Rules 1:13-7 (service) or 4:43-2 (default) was taken. On July 27, plaintiffs' counsel submitted a ... discovery schedule and sanctioning plaintiffs' counsel by awarding Bert $1934.90 in counsel fees. Under the revised order, Bert's answers ... without Bert presenting any reliable evidence to support this finding, (2) the general passage of time is, by itself, insufficient ...

docket:	a5252-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-06
status:	unpublished
citation:
Document Size:	41601

3637 CITY OF BURLINGTON v. JOHN C. HALL -- rank: 314

... Court of New Jersey, Law Division, Burlington County, Docket No. L-2710-17. Timothy P. Duggan argued the cause for appellant ... property, is not participating in this appeal. A-0246-19T2 2 The facts derived from the motion record are summarized as ... this is the only private property in the City of 2 We refer to defendant's son by his first name ... of just compensation.' She further denied that the 'appraisal contain[ed] a legible or accurate description of the land to be ... in the amount of $21,305 and costs of $435.90. A-0246-19T2 9 commencement of this action,' especially since ... a final order under N.J.S.A. 20:30-2(j), subject to direct appeal. She contends it was ...

docket:	a0246-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-27
status:	Unpublished
citation:
Document Size:	25505

3638 ANTHONY ALLEYNE v. NEW JERSEY TRANSIT CORPORATION -- rank: 314

... Court of New Jersey, Law Division, Essex County, Docket No. L-0062-18. Matthew H. Morgan (Nichols Kaster, PLLP) of the ... oral decision. See Brook v. April, 294 N.J. Super. 90, 92 (App. Div. 1996) (affirming the summary judgment orders for ... after its summary judgment motion was granted. A-0753-20 2 I. The genesis of NJ Transit's sleep apnea policy ... A-0753-20 3 • They were medically not approved [2] based solely on OSA screening criteria; • They were not ... ngineer will be returned to service, and it if is 2 The Policy provides only NJ Transit's medical department can ... high-risk factor for sleep apnea. At deposition, Dr. Homer L. Nelson, an NJ Transit doctor, testified he also considers ...

docket:	a0753-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-15
status:	Unpublished
citation:
Document Size:	27022

3639 STATE OF NEW JERSEY v. TERRANCE HAIGNEY -- rank: 314

... we must apply the plain error rule embodied in R. 2:10-2. Any error or omission shall be disregarded by the appellate ... to the attention of the trial or appellate court. [ R. 2:10-2.] As the Supreme Court explained in State v. Macon , 57 ... 172 N.J. 374 , 387 (2002) (citing State v. Collier , 90 N.J. 177 , 122 (1982)). In a criminal prosecution erroneous ... denied , 535 U.S. 1012 , 122 S. Ct. 1594 , 152 L. Ed.2d 510 (2002), and State v. Zamorsky , 159 ...

docket:	a6535-03
court:	njappellate
decided:	2006-08-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40014

3640 TOWN OF KEARNY v. LOUIS F. BRANDT -- rank: 314

... Court of New Jersey, Law Division, Hudson County, Docket No. L-1777-06. Katherine Herr Solomon (Mauro Lilling & Naparty, LLP) of ... entered against them after a jury trial. The soils engineer 2 and structural engineer 3 obtained summary judgment before the judge ... expert was unavailable. The judge denied the request. On October 2, 2008, Brandt-Kuybida unsuccessfully sought reconsideration of the denial of ... of Repose, statute of limitations, entire controversy doctrine, and laches; (2) precluding any apportionment of liability against SESI, Harrison-Hamnett, and ... We recognize N.J.S.A. 2A:15-5.2a(2) requires that the trier of fact shall determine "each party ... the trier of fact." Blazovic v. Andrich , 124 N.J. 90 , 105 (1991). While comparative fault under N.J.S. ...

docket:	a3612-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	33847

3641 STATE OF NEW JERSEY IN THE INTEREST OF D.K. -- rank: 314

... considered charging the driver with a violation of See footnote 2 2     Defendant contends on appeal that the court's factual determination ... U.S. 648 , 663, 99 S.Ct. 1391 , 1401, 59 L.Ed.2d 660 , 673 (1979); State v. Murphy , 238 N.J ... denied , 364 U.S. 833 , 81 S.Ct. 57 , 5 L.Ed.2d 59 (1960); People v. Esposito , 163 N.E. ...

docket:	a6037-01
court:	njappellate
decided:	2003-05-01
status:	published
citation:	360 N.J. Super. 49
Document Size:	13045

3642 STATE OF NEW JERSEY v. JEAN MORALES -- rank: 314

... S.A. 2C:11-3(a)(1) or -3(a)(2) in a jury trial in 2002. Those convictions were reversed ... Release Act (NERA), N.J.S.A. 2C:43-7.2, on the charge of aggravated manslaughter. He appeals, claiming three ... the jury charge was not sufficiently tailored to the facts; (2) N.J.S.A. 2C:11-4(b)(2) is violative of the Fourteenth Amendment 's equal protection clause ... Div.), certif. denied , 188 N.J. 489 (2006)(citing R. 2:10-2). Passion/provocation manslaughter is a lesser-included offense of ...

docket:	a5846-06
court:	superior court appellate division
decided:	1999-10-23
status:	unpublished
citation:
Document Size:	43750

3643 STATE OF NEW JERSEY v. DARNELL STOVALL -- rank: 314

... to comply with provisions of his plea agreement. On May 2, 2011, a grand jury returned an indictment charging defendant with ... Release Act (NERA), N.J.S.A. 2C:43-7.2. After Judge Mellaci sentenced defendant in accordance with the revised ... Washington , 466 U.S. 668 , 104 S. Ct. 2052 , 80 L. Ed.2d 674 (1984), and adopted by our Supreme Court in ... U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693. There is a "'strong presumption' that [ ...

docket:	a2940-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	21049

3644 ROSE BLACK VS JOSEPH & JOAN WALKER, ET AL -- rank: 312

... For Hazel's first year in college, Syracuse offered her $2,600 in aid and $2,000 through a work-study project. Hazel agreed to work ... sought to compel Walker to: (1) extend child support payments; (2) contribute to Hazel's college expenses; (3) procure life insurance ... July 7, 1994 (directing Walker to pay college costs), August 2, 1994 (granting Black leave to apply for attorneys fees), and ... of the death of Joseph Walker, any orders previously entered, (2) consider an application for substitution of an appropriate representative party ... Joseph Walker as defendant and directed the Estate to pay: 90" of Hazel's college expenses (Black to pay 10"); $ ...

docket:	a3538-93
court:	njappellate
decided:	1996-11-25
status:	published
citation:	295 N.J.Super. 244
Document Size:	45673

3645 ROSE BLACK VS JOSEPH & JOAN WALKER, ET AL -- rank: 312

... For Hazel's first year in college, Syracuse offered her $2,600 in aid and $2,000 through a work-study project. Hazel agreed to work ... sought to compel Walker to: (1) extend child support payments; (2) contribute to Hazel's college expenses; (3) procure life insurance ... July 7, 1994 (directing Walker to pay college costs), August 2, 1994 (granting Black leave to apply for attorneys fees), and ... of the death of Joseph Walker, any orders previously entered, (2) consider an application for substitution of an appropriate representative party ... Joseph Walker as defendant and directed the Estate to pay: 90" of Hazel's college expenses (Black to pay 10"); $ ...

docket:	a6655-94
court:	njappellate
decided:	1996-11-25
status:	published
citation:	295 N.J.Super. 244
Document Size:	45673