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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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… by the police to be one in which drug transactions were common. He stopped his patrol car at the intersection of … tendered the cash payment. Defendant did not present any competing testimony at the suppression hearing. His counsel … whether, given all the circumstances, . . . there is a fair probability" that a crime has been committed. State v. …
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… but granted him deferred retirement, which provides lesser compensation, based upon his fourteen years of service. The … found that Johnson gave credible testimony as did the two competing expert witness. Dr. Weiss opined that Johnson was … Mayflower Sec. Co. v. Bureau of Sec. in Div. of Consumer Affairs of Dep't of Law & Pub. Safety, 64 N.J. 85, 93 (1973)). …
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… not memorialize its findings or conclusions. Swan filed a complaint in lieu of prerogative writs and an order to show … claims and was thus a final judgment. Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 549- 50 (App. Div. 2007). 4 … and is a matter of substance. It . . . is a fundamental of fair play that an administrative judgment express a reasoned …
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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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… his phone, entrapped him, and because the prosecutor committed misconduct at trial. Oral argument was held before … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. "Unless … professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the …
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… defendants have not paid the judgment, plaintiffs sought to compel Filipe Pedroso, as principal of Pedroso Law Firm, … Street in Newark in 2012 and 2013, and did not pay the fair monthly rental value of $1500. The jury found no fraud, … was necessary, and the orders were appropriate. Last, defendant argues the motion judge erred by entering …
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… causing an electrical power outage in Jersey City that lasted for days. The apartment building where plaintiff … her injuries were the result of defendant's negligence. The complaint alleged plaintiff's injuries were caused by "a … balance of probabilities favors negligence, thus rendering fair the drawing of a res ipsa inference." Jerista, supra, …
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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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… Division, Monmouth County, Docket No. F-005380-14. Nicholas A. Stratton argued the cause for appellant (Denbeaux & … Loans Authorized Signer, Stephen Witkop, attached to the complaint, setting forth the transactional history of the … he argued that there was a violation of the New Jersey Fair Foreclosure Act, N.J.S.A. 2A:50-56, by not serving a …
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… of Union County (the County) since 1986, filed a verified complaint in lieu of prerogative writ against the County and … of Trades. Plaintiff stated when he worked "under the Lapollas[3] everything was good." He said he was treated very … also Switz v. Middletown, 23 N.J. 580, 588 (1957) ("[T]he fair use of judgment and discretion is the province of the …