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njcourts.gov
… there was a genuine factual dispute about Robinson's competency to operate a golf cart, we reverse the summary … played approximately sixty rounds of golf per year over the last thirty-five years. Robinson – Capavanni's then … principles but by "considerations of foreseeability and fairness." Carter Lincoln-Mercury v. EMAR Group, 135 N.J. …
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njcourts.gov
… June 13, 2022 APPELLATE DIVISION A-0912-20 2 In this automobile-accident case, plaintiff Juan J. Barron appeals from an order granting defendants' motion to dismiss the complaint with prejudice for failure to file it within two … legal determinations when no issue of fact exists. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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njcourts.gov
… Jablonski's well-reasoned decision. We add the following comments. The original complaint in this matter was filed in … following defenses: (1) plaintiff did not comply with the Fair Foreclosure Act, N.J.S.A. 2A:50-56(c), (2) plaintiff's … to the trial judge's conclusions on issues of law. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). 10 A-3280-20 Bank, …
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njcourts.gov
… and "also inconsistent with his behavior." Considering his comportment, the judge "[did] not deem his testimony to be … discussion in a written opinion. R. 2:11-3(e)(1)(E). Lastly, we address defendant's argument that the trial judge … Robinson, 200 N.J. 1, 20 (2009) ("There is an instinct of fairness due both the trial judge . . . and a litigant's …
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njcourts.gov
… February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … (1) "[T]he harm ultimately caused was foreseeable and fairly direct;" (2) a state actor acted with a degree of …
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njcourts.gov
… in 2009. Although it is unclear when defendant actually completed the application for the Home Affordable … Court for the Northern District of California certified a class of plaintiffs that included defendant as a member. A … and the Additional Defendants violated TILA, state unfair competition laws, state unfair and deceptive trade …
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njcourts.gov
… Submitted September 20, 2017 – Decided Before Judges Fuentes, Koblitz, and Suter. On appeal from Superior Court … for the reasons set forth in Judge Lourdes I. Santiago's comprehensive written opinion issued with the order. T.M.T. … contends the judge was not impartial, challenging the fairness of the decision. Our review of the record shows …
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njcourts.gov
… N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … denial of his motion to withdraw and whether defendant was competent to plead guilty. The State filed a motion for … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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njcourts.gov
… 1989, defendant pled guilty to second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … as his claims could have been raised on direct appeal. Lastly, the judge concluded that even if defendant's PCR … "when the judicial system has denied a 'defendant with fair proceedings leading to a just outcome' or when …
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njcourts.gov
… Monmouth County indictment. He also pled guilty to two companion motor vehicle summonses: driving while intoxicated … motor vehicle infractions, but made no sentencing recommendation. Before the trial judge, defendant acknowledged … (2) that the deficiency prejudiced defendant's right to a fair trial); see also State v. Fritz, 105 N.J. 42, 58 (1987) …
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njcourts.gov
… of the Municipal Land Use Law ("MLUL"), it was compelled to reverse and remand to the Board to weigh the … hired by plaintiffs represented that all work was done in compliance with the permits; however, plaintiffs later … the hot tub. Mr. Lindstrom testified that the hot tub is "fairly well screened by the vegetation around it. I don't …
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njcourts.gov
… while he was represented by Sanzone. The offer was to encompass the four pending indictments against defendant. … had previously extended a ten-year offer. She believed the last offer was thirteen years subject to NERA to resolve all … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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njcourts.gov
… report to his supervising officer and failing to complete the required community service. Defendant absconded and failed to appear … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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njcourts.gov
… fell off a ladder . . . [at] his home." Initially, Kelly accommodated him by allowing him to "come to work late" or … over [the] time frame." According to Medina, "[t]he last day [Aherne] actually was on assignment was May 15[,] … Finally, he asserts that "due in some part to [him] unfairly being prohibited from participating in the . . . …
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njcourts.gov
… error which unduly prejudiced defendant and denied him a fair trial" and "[t]he testimony of Detective Cavallo … v. Fritz, 105 N.J. 42, 58 (1987). 7 A-1214-16T3 must overcome the presumption that' the attorney's decisions followed … claims was not itself ineffective assistance of counsel. Lastly, defendant argues he established a prima facie case …
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njcourts.gov
… price of the AP Agreement. A&S also filed a motion to compel the turnover of the funds. Rapid appeals from an … order, filed the notice of appeal. See Janicky v. Point Bay Fuel, Inc., 410 N.J. Super. 203, 207-08 (App. Div. 2009) … novo. Kaye v. Rosefielde, 223 N.J. 218, 229 (2015) (quoting Fair Share Hous. Ctr., Inc. v. N.J. State League of …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS November 13, 2018 John C. Penberthy, … an R-40, low density single family, zone and is noted as in compliance. The subject property consists of approximately … behalf of both parties and conclude the matter based on a fair preponderance of the evidence.” Ford Motor Co. v. …
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njcourts.gov
… DIVISION DOCKET NO. A-2822-20 DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for GSAA HOME EQUITY TRUST 2007-5, … record does not establish that plaintiff complied with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to - 68, by … certified mail, return receipt requested, at the debtor's last known address, and, if different, to the address of the …
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njcourts.gov
… the July 9, 2021 Law Division order dismissing his verified complaint and denying his order to show cause in which he … disciplinary action against a public employee is not classified as a government record under OPRA." Defendants … settlement, the internal settlement agreement "cannot be fairly said to be a resolution of a personnel matter ." …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS ROBERT FARRELL and ROBERT SZOSTAK, … fiduciary duties, breach of the covenant of good faith and fair dealing, and unjust enrichment. Plaintiffs now seek to … Motion for a Protective Order pursuant to R. 4:10-3(g) classifying defendants’ production of Numbers 15 through 19 …