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… (PTI) program for one year, which he successfully completed. At the time of his arrest, the police seized his … the existence of good cause for the denial "by a fair preponderance of the evidence." Id. at 46. Because "a … problem that . . . Acevedo had back in 2005 . . . ." Lastly, the judge considered Acevedo's behavior at the PPD …
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… paying rent the same month. Litigation ensued. Plaintiff commenced an action in the Special Civil Part, Landlord … contract; breach of the implied covenant of good faith and fair dealing; waste; negligence; unjust enrichment; … the heels of what seems like a [significant] loss on their last house." The trial court denied defendants' motion to …
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… Argued March 13, 2019 – Decided April 2, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from Superior Court … 9-1-1, and police responded to the scene. Plaintiff filed a complaint, alleging defendant engaged in domestic violence … reverse. "A litigant in civil proceedings is entitled to a fair hearing, imbued with the protections of due process." …
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… sent lease 1 Because two of the parties share the same last name, we use first names to avoid confusion. We intend … 17, 2017. Thereafter, plaintiff filed a small claims complaint against defendant, alleging that as the … Div. 1951). Courts should read contracts "as a whole in a fair and common sense manner[,]" and enforce them "based on …
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… to collect the dishonored check, Berry filed a third-party complaint against third-party defendants alleging fraud, … . . . ." According to the allegations in the third-party complaint, in June 2016, Berry wrote a check for $3800 … (quoting R. 4:5-8(a)). The purpose of a pleading is to "fairly apprise the adverse party of the claims and issues to …
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… Plaintiff-Appellant, v. CUMBERLAND MUTUAL FIRE INSURANCE COMPANY, Defendant-Respondent. … 2 order granting defendant Cumberland Mutual Fire Insurance Company summary judgment dismissal. We affirm. I In August … defendant breached the implied covenant of good faith and fair dealing contained in every insurance contract, see Wood …
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… for failure to pay these dues and counsel fees, filing a complaint on March 13, 2013. Defendant Christopher, then … first names to differentiate them, as they have the same last name. We do not intend any disrespect by this … court's discretion or evidence defendant Christopher was unfairly treated as a self-represented litigant. We reject …
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… motion for summary judgment and dismissing plaintiff's complaint. We affirm. According to plaintiff's complaint, Mildred invested money in a real estate project … the acknowledgment relied upon be such as in its entirety fairly supports an implication of a promise to pay the debt …
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… remanded the matter to the trial court with instructions to complete a testimonial hearing. State v. Murphy, No. … meetings, held at the Monmouth County Jail on a holiday, lasted approximately ninety minutes. Pretrial counsel did … all offers. Unfortunately, he has a record and the case is fairly strong against him." Although pretrial counsel did …
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… a jewelry store. Defendant used a sledgehammer to smash a glass case containing jewelry, with two female customers … resisting arrest in exchange for the State's agreement to recommend a twelve-year term of imprisonment subject to the No … counsel's errors are sufficiently serious to deny him a fair trial. The prejudice standard is met if there is a …
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… 2C:15-1(a)(1) (count two); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(2) and N.J.S.A. … UNPRODUCTIVE, DENIED THE DEFENDANT DUE PROCESS OF LAW AND A FAIR TRIAL. (Not Raised Below.) POINT II THE DEFENDANT IS … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). As directed by the Court, …
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… retail store in Marlton. While trying on a scarf in the common dressing area of the store, and backing away from a … no deference to the trial judge's legal conclusions. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). Applying these … with the nature of the risk, foreseeability of injury, and fairness in the circumstances.'" Stelluti, supra, 203 N.J. …
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… mortgage to plaintiff. In September 2012, plaintiff filed a complaint for foreclosure. On March 14, 2013, the court … that the parties exchange paper discovery by June 1, 2013, complete depositions by June 15, 2013, and complete … "when there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might …
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… Co., 317 N.J. Super. 82, 87 (App. Div. 1998). "This rule, commonly referred to as the final judgment rule, reflects … 226, 227- 28 (App. Div. 1975)). [Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 549-50 (App. Div. 2007).] … and judiciary efficiency against the interest of equity and fairness, relief from judgments pursuant to R. 4:50-1(f) …
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… for racketeering, N.J.S.A. 2C:41-2 (count one); knowingly committing murder, N.J.S.A. 2C:11-3(a)(2) (count four); … was charged with third-degree possession of an electronic communication device while confined, N.J.S.A. 2C:29-10(b), … (2010) (rejecting the defendant's claim that she was not on fair notice of the sentencing penalties for reckless driving …
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… vice president of marketing. After making efforts to obtain comparable employment, plaintiff took a position with a … N.J. Super. 109, 116 (App. Div. 2012) (quoting Foust v. Glaser, 340 N.J. Super. 312, 316 (App. Div. 2001)). In … compel discovery; and (9) any other factor bearing on the fairness of an award. Plaintiff argues that defendant acted …
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… New Jersey Manufacturers Insurance Company (Camassa Law Firm, PC, attorneys; Mr. Camassa, of … plaintiffs underinsured motorist (UIM) coverage for an automobile accident. NJM filed a protective cross-appeal from an … respective positions should prevail without a hearing. In fairness to the second judge, we acknowledge that none of …
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… and IPT, LLC d/b/a FM FACILITY MAINTENANCE, NORTHWEST COMPANIES, INC., and PINO'S LANDSCAPING, … Callahan & Fusco, LLC, attorneys for respondent Northwest Companies, Inc. (Ryan D. Lang, on the brief). Kent & … of such a duty satisfies an abiding sense of basic fairness under all of the circumstances in light of …
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… cross-motion for summary judgment and dismissed its complaint with prejudice. We reverse only the "with … v. Palias, 360 N.J. Super. 76, 91 (App. Div. 2003) (Fuentes, J., concurring). "The policy underlying the fee … process is designed to afford a client a 'swift, fair and inexpensive' method to resolve fee disputes." …
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… DEPRIVING HIM OF DUE PROCESS AND HIS RIGHT TO A FAIR TRIAL. Finding no merit in defendant's argument, we … hand, and behind her left knee. Just as the victim took the last photograph, defendant entered the bathroom with a … and spoke to her mother. Her mother asked the victim to accompany her somewhere. The victim initially said she would …