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… his laptop. Plaintiff was not injured, and he did not complain of pain. Plaintiff alleged that defendant's actions … "we need to keep [testimony] within the four corners of the complaint itself and the testimony that's already been … of plaintiff's case." We disagree. "A trial judge has the ultimate responsibility to control the trial in the …
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… a sale contract for certain premises is obligated to pay a commission to a third-party broker that secured a … broker, or other basis to impose liability for the commission, we affirm. We discern the following relevant … rights and obligations that come from the contract. Ibid. Ultimately, the "real test is whether the contracting …
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… had two children who reside with defendant. After filing a complaint for divorce, plaintiff filed a case information … filed a CIS depicting a marital lifestyle of $17,526. The complaint for divorce was dismissed , and in September 2014 … permits a broad use of extrinsic evidence to achieve the ultimate goal of discovering the intent of the parties. …
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… Caba-Placencia was arrested and charged with conspiracy to commit robbery. Two weeks after the robbery, Sanjay reported … he, along with defendant and Caba-Placencia, planned and committed the robbery; Fernandez and defendant committed the … of discharging their function as fact finders on the ultimate issue of guilt or innocence." Hampton, 61 N.J. at …
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… for the first time that he was fourteen years old when he committed his crimes. He argues that N.J.S.A. … judgment of conviction, Smith was fifteen years old when he committed the murder. Smith challenged his conviction and … to a new sentencing hearing under Zuber, the motion court ultimately reached the opposite conclusion, issuing an April …
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… first address defendant's contention that the trial court committed plain error by failing to sua sponte provide the … memory that can lead to misidentification, setting forth a comprehensive list of so-called system and estimator … mitigating circumstances—including defendant's youth—and ultimately imposed a sentence on defendant's murder …
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… an exterior surveillance camera showed Foye and Peppers coming and going from the location. The video is not clear … the court's oral ruling in the transcript, this particular component of the sentence should be made concurrent to other … jail when the sisters had contact with him. Defense counsel ultimately agreed to include the admonition proposed by the …
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… I., ¶ 1, 10. [(Partially raised below)] POINT IV THE COURT COMMITTED REVERSIBLE ERROR IN FAILING TO DISMISS TAMPERING WITH EVIDENCE BECAUSE THIS CRIME IS NOT COMMITTED BY SIMPLY DISCARDING A WEAPON UPON APPROACH OF A … constructive possession." Citing Randolph, defense counsel ultimately acknowledged the mere presence instruction …
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… ERRONEOUS ADMISSION OF TESTIMONY ABOUT CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME. U.S. CONST. AMENDS. V AND XIV; N.J. … three recorded calls between R.P. and defendant that were ultimately played before the jury.2 After R.P. testified, … objection "as an expert in the area of Child Sexual Abuse Accommodation Syndrome" (CSAAS). Dr. D'Urso described CSAAS as …
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… agreed to pay 1.5 million dollars to the Federal Maritime Commission (FMC). Direct purchasers of RO-RO shipping … 136 (App. Div. 2010)). No deference is due to an agency's ultimate legal conclusion, whether formal or informal, with … consequently, "industrial peace." Id. at 22- 23 (citing Teamsters v. Lucas Flour Co., 369 U.S. 95, 103-04 (1962)). …
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… Along with her answer, Demetro filed a third-party complaint against Slater Tenaglia, alleging the law firm … Tenaglia violated 15 U.S.C. § 1692(g)(b), by filing a complaint against Demetro following receipt of a timely … a settlement offer turns out to be more favorable than the ultimate judgment. Firefreeze, 347 N.J. Super. at 441. …
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… charged in an indictment with second-degree conspiracy to commit carjacking and robbery, N.J.S.A. 2C:5-2, 2C:15-2, … In our decision on defendant's direct appeal, we provided a complete and detailed summary of the facts established by … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… III THE TRIAL JUDGE ERRED IN FAILING TO RECUSE HERSELF FOR COMMENTS MADE AT A STATUS CONFERENCE WHICH CREATED AN … State further maintained the phone was not searched until a Communications Data Warrant (CDW) was obtained. Once a judge … she explain the "objective and subjective bases for [her] ultimate decision." Magill v. Casel, 238 N.J. Super. 57, 65 …
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… judge rendered a thirteen-page decision finding defendant committed legal fraud by failing to disclose the existence … 3 A-0460-18T1 I. This case arises from three parcels of commercial property located at 83 Willow Avenue, 307 Newark … been mistaken in his recitation of Curley's testimony, his ultimate finding⸻that plaintiff and Curley learned of the …
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… expenses into a trust, parenting time, and imputation of income) would be determined by the court if they could not … A. In Minkowitz v. Israeli, we considered "the compatibility of the same party assuming the role of … but could not prove without discovery." However, she ultimately obtained discovery that she now characterizes as …
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… Louis DiPede summary judgment and dismissing plaintiff's complaint with prejudice. A Saudi Arabian national and … post-graduate prosthodontics program. In his two- count complaint, plaintiff alleged defendants created a hostile … and, as such, he was not the primary decisionmaker, who ultimately dismissed plaintiff from the program. However, …
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… A-3431-18T2 JOSEPH RILEY, Petitioner-Respondent, v. THOMAS COMPANY, INC., Respondent-Appellant. … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2015-22698. Burns White … the fifth surgery, and the court would "make the decision ultimately on the causation issue." The judge ended the …
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… . . . notice of any revision, amendment, or other communication between the applicants and [DEP] in connection … a March 14, 2016 e-mail, the Rosens' attorney, Johan Kian, communicated with Eric M. Virostek, DEP's Environmental … their concerns with the State officials who will make the ultimate permitting decision." Riverview Dev., 411 N.J. …
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… Pennsylvania where he purchased a home. Plaintiff filed a complaint for divorce in May 2018. Thereafter, the court … have [c]ounsel. You can, we have plenty of people who . . . come into this [c]ourt and represent themselves. We have … questions" defendant's counsel asked on cross-examination. Ultimately, the judge found plaintiff was "a very average …
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… following a three-day bench trial: dismissing his verified complaint against defendant with prejudice; ordering … as co-trustee." Haas agreed to draft the documents to accomplish plaintiff's decision. A-2663-19 4 Two days later, … down the process" and, despite defendant's counsel's ultimate response to plaintiff's counsel's letters, …