Appeals Court reverses Superior Court judgment vacating Board of Health approval of waste transfer station expansion, holding it was minor rather than major modification to site assignment.
Location of assault and battery is not an essential element of the crime and therefore immaterial to its proof.
Insurer successfully voided optional bodily injury coverage when insured violated operator exclusion agreement by allowing excluded driver to operate vehicle.
Deutsche Bank breached its duty of good faith and reasonable diligence by refusing to provide a foreclosure buyer with evidence of required notice to junior lienholders, causing Commerce Bank's junior mortgage to go unsatisfied.
Police discovered a firearm during a valid inventory search of a towed vehicle. Affirmed convictions despite police failure to complete required inventory documentation form.
Affirmed dismissal of judicial review challenge to DEP penalty where appellant failed to post required escrow or demonstrate inability to pay or substantial question of law.
Financial advisor misrepresented collateralized debt obligation as low-risk Treasury-like investment, actually placing entire investment in speculative preference shares. Statute of limitations tolling upheld.
Defendant charged with distributing controlled substances lacks standing to challenge warrantless search of alleged buyer where possession is not an essential element of distribution.
Conviction of assault by attempted battery affirmed where defendant rushed toward victim with raised bat and came within feet of striking before being pushed away.
CAD analysis claiming to prove defendant's innocence was not newly discovered evidence; photogrammetry available at trial achieved same end. Analysis failed to cast real doubt on conviction.
