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… thorough fifteen-page opinion, Judge Robert P. Becker, Jr., comprehensively addressed defendant's claims of error. We … for those reasons, subject to the following brief comments. Tried by a jury, defendant was convicted of a … services were ineffective and prejudiced his right to a fair trial. We restate only the facts relevant to the denial …
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… on September 20, 2013.1 Plaintiff filed a foreclosure complaint on December 4, 2015, and on February 8, 2016, … to Foreclose that is in full compliance [with] the Fair Foreclosure Act" (FFA), N.J.S.A. 2A:50-53 to -73. On … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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… the lock eventually disengaged and Gambatese exited and complained to Sesak that he had hurt his arm pulling the … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated … from continuously pulling a heavy steel door can hardly be classified as extraordinary or unusual, the Board was correct …
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… following oral argument. Later, she issued an order accompanied by a written statement of reasons. The judge … reaching their decisions clearly incorporates an equitable component"). Obviously, "[t]he Family Part is a court of … compel discovery; and (9) any other factor bearing on the fairness of an award. "The assessment of counsel fees is …
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… of his person by three police officers, defendant filed complaints against the three officers (and, mistakenly, a … search he "used [defendant's] own pants" to grab a plastic bag of cocaine, so no part of defendant was exposed. … the uninvolved officer but wasn't permitted. The only fair way of examining defendant's overall conduct is to view …
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… officers woke him up and questioned him about where he had come from. Defendant stated he was going to his home in … he parked. Defendant reluctantly admitted to drinking one glass of wine at the party between 9:30 and 10:00 p.m. after … 1991) (citation omitted). The State need only prove "by a fair preponderance of the evidence" that defendant was …
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… and put him on the couch. They did not mention the police coming to the Brick residence. When the young men woke up … filing a civil suit until the criminal investigation was completed. That investigation concluded on November 15, … to "raise the bar for the filing of late notice from a 'fairly permissive standard' to a 'more demanding' one." …
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… duties, and breach of the covenant of good faith and fair dealing. He did not name the Firm's individual … January 2016. In March 2016, Ginsberg filed a motion to compel the Firm's payment of the judgment from the proceeds … the liabilities of the corporate enterprise." Richard A. Pulaski Constr. Co. v. Air Frame Hangers, Inc., 195 N.J. 457, …
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… the 1 Because appellant and respondent share the same last name, we refer to the parties by their first names. No … effective June 1, 1998. In 1998, Peter sought to be compensated for payment from his own funds for Anna's … interested in the estate except one who has consented after fair disclosure, unless: a. The will or a contract entered …
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… filing a late tort claim. We add the following additional comments. Our standard of review of an order granting or … circumstances" language to N.J.S.A. 59:8- 9, to replace a "fairly permissive standard" with a "more demanding" one in 7 … the plaintiff's medical condition and her attorney's shortcomings did not constitute extraordinary circumstances to …
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… presented by plaintiff Gregory Gootee substantially complied with the requirements of the New Jersey Tort Claims … principles of law, we are satisfied plaintiff substantially complied with the requirements of the TCA, and we reverse. … "If deficiencies in the notice were uncovered, justice and fairness require plaintiff to be advised, not ignored." …
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… RONALD CARABELLO, Plaintiff-Appellant, v. JACKSON DAWSON COMMUNICATIONS, INC., and TRANSCEND CREATIVE GROUP, LLC, … "[t]hey were doing other details." As plaintiff moved the last of sixteen barrels off the forklift, he "felt a pop in … which to predicate a finding of knowledgeable consent or a fair inference that an employment relationship between those …
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… use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … withdrawn with prejudice or, in the alternative, that MEPT compensate appellant for the counsel and expert fees and … BURDENS, PREVENTION OF NEEDLESS LITIGATION, AND BASIC FAIRNESS UNDERPINNING RULE 4:37- 1(b) REQUIRED THE BOARD TO …
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… and other charges1 in the shooting death of Nicholas Syders on Thanksgiving night in 2007 as Syders sat in … they would receive. . . . . According to Gibbs, defendant communicated to him that he approached or "checked" Nick … defect in performance prejudiced defendant's rights to a fair trial such that there exists "a reasonable probability …
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… Submitted November 30, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the Superior Court … pursuant to Rule 3:25-3, defendant moved to dismiss the complaints containing the charges that were later subsumed … most serious since it went to the question of fundamental fairness." Szima, supra, 70 N.J. at 201. "None of the Barker …
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… IT MAY CONCERN: 3 A-3427-15T2 NOTICE IS HEREBY GIVEN of the commencement of suit in the Superior Court of New Jersey, … failure to provide the outstanding mortgage balance and fair market value of the home in his certification, the … the parties to the contract of sale and the title company realized that the equity remaining in the marital …
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… Submitted November 2, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from Superior Court of … THIS CASE WAS GROSSLY IMPROPER AND DEPRIVED DEFENDANT OF A FAIR TRIAL. (NOT RAISED BELOW). 1 The indictment alleged … that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and …
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… Submitted November 1, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from Superior Court of … relative to our determination. Upon a report of citizen complaints that there was a dead body in defendant's … significant, it must undermine the fundamental fairness of the proceeding. Strickland, supra, 466 U.S. at …
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… to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge … the petition's procedural defects, "for purposes of completeness[,]" Judge Moynihan also addressed the merits of … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. That …
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… N.J.S.A. 2C:11-4(a); third-degree conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and … "clearly identifiable prison clothing," and her right to a fair and impartial jury was violated because Juror Number 1 … he opined, "[u]nder the circumstances of intoxication, combined with being surprised by the plan to rob [the …