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… defendant pled guilty to the indictment, and admitted he committed an act of criminal sexual contact when he groped … Wallace, 146 N.J. at 582-83 (quoting State v. Ridgway, 208 N.J. Super. 118, 130 (Law Div. 1985)). "Thus, the … other crime is such that the interest of the State would be best served by processing his case through traditional …
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… Argued May 15, 2018 – Decided June 5, 2018 Before Judges Fasciale, Sumners and Natali. On appeal from … to permit an inference of age discrimination,'" Bergen Commercial Bank v. Sisler, 157 N.J. 188, 213 (1999) (quoting … to understand the reports and the "summaries were the best evidence on plaintiff's and Straccia's performance." In …
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… Submitted June 6, 2016 - Decided Before Judges Lihotz and Nugent. On appeal from Superior Court … test handed down by the United States Supreme Court in the companion cases of Strickland v. Washington, 466 U.S. 668, … omitted). "'Reasonable competence' does not require the best of attorneys, but certainly not one so ineffective 5 …
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… Argued December 12, 2017 – Decided Before Judges Gilson and Mayer. On appeal from Superior Court … unsuccessful. Consequently, on April 20, 2015, the parties commenced arbitration before the same individual. The next … and look at the contract with fresh eyes." Kieffer v. Best Buy, 205 N.J. 213, 223 (2011). However, "[b]ecause of …
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… Submitted November 16, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior … the judge concluded that these badges of fraud did not compel a finding of fraudulent transfer. After rendering his … trial judges develop a feel of the case and are in the best position to make credibility assessments. Ibid. As a …
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… of defendant's motion. We derive the following facts and complex procedural history from the record. On April 17, … 218 N.J. 72, 95 n.8 (2014); Dep't of Envtl. Prot. v. Alloway Twp., 438 N.J. Super. 501, 505 n.2 (App. Div. 2015)). 6 … or court rule. Rather, the award of such credits "'is at best discretionary, based upon general equities of the …
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… Kelly and Kelly's Tavern, dismissing with prejudice her complaint seeking damages arising out of injuries she … she had a license. Once on the PWC, Caroselli drove away from the boat at full speed and when she and Dahlman … host. [N.J.S.A. 2A:15-5.6 (emphasis added).] Plaintiff at best offered evidence Caroselli had been drinking, but …
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… DIVISION DOCKET NO. A-1936-17T1 STEWART TITLE GUARANTY COMPANY, Plaintiff-Appellant, v. ALL-PRO TITLE GROUP, LLC, … Third-Party Defendant. Argued November 13, 2018 – Decided Before Judges Fasciale and Gooden Brown. NOT FOR PUBLICATION … application would be consistent with the goals and aims of "Best Practices"; 10 A-1936-17T1 (6) the age of the case and …
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… were to be paid in proportion to the parties' net incomes with defendant responsible for fifty-three percent and … other in-network psychologists available. We disagree. The best interests of the child is the court's primary … of the children." Ibid. However, a plenary hearing is not always necessary. Id. at 106. When determining whether a …
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… Argued May 4, 2017 – Decided Before Judges Lihotz and Whipple. On appeal from Superior … defendant, Augusta Investments, t/a Re/Max Preferred are competing franchisees of Re/Max of New Jersey (Re/Max). … with discerning "the intent of the parties." Kieffer v. Best Buy, 205 N.J. 213, 223 (2011). If the meaning of a …
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… Defendant-Respondent. Argued October 15, 2020 – Decided Before Judges Whipple, Rose, and Firko. On appeal from the … Homel, on the brief). PER CURIAM By order to show cause and complaint in lieu of prerogative writs, plaintiffs Joel … decline to impose one here. Plaintiffs' policy argument is best left to the other two branches of government. See In re …
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… Argued November 18, 2020 – Decided Before Judges Vernoia and Enright. On appeal from the Superior … trial in this matter. We therefore glean the facts, as best we can, from the court's bench opinion following trial … of defendant's reconsideration motion. Plaintiff filed a complaint alleging he gave defendant $9000 in cash in …
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… Submitted September 14, 2021 – Decided October 1, 2021 Before Judges Currier and Smith. On appeal from the Superior … obligations towards their sons' college costs and concomitant award of counsel fees. We affirm. The parties had … children with a view toward providing each child with the best education possible in view of their particular …
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… Argued September 16, 2021 – Decided September 29, 2021 Before Judges Mawla and Mitterhoff. On appeal from the … to terminate his Megan's Law, N.J.S.A. 2C:7-1 to 23, and community supervision for life (CSL), N.J.S.A. 2C:43-6.4, … factors that comprise the Scale have been shown to be the best indicators of risk of re-offense." In re C.A., 146 N.J. …
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… Submitted March 1, 2021 – Decided September 8, 2021 Before Judges Messano and Suter. On appeal from the Superior … On February 9, 2018, plaintiff filed a legal malpractice complaint against defendants. She alleged she sustained … or life expectancy." The medical records were "scant." At best, plaintiff showed she was diagnosed with shoulder …
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… Zoning Board of Adjustment (Board) and dismissed their complaint with prejudice. We affirm. I. We briefly summarize … detached dwelling occupied by related persons living together as one housekeeping unit with exception made only for … goal is to ascertain the intent of the lawmakers, and the "best indicator of that intent" is the language of the …
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… court to vacate the FRO. I. The parties dated and resided together until August 2017. After their breakup, plaintiff … the parties' break up and this issue had to be "squared away." He denied contacting plaintiff for romantic reasons. … of the plaintiff and defendant; 9 A-0503-18T3 (4) The best interests of the victim and any child; (5) In …
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… Argued September 11, 2019 – Decided October 1, 2019 Before Judges Koblitz, Whipple and Mawla. On appeal from the … assessments of credibility." These determinations are "best made" through an evidentiary hearing. 9 A-5728-17T2 … PCR court found defendant's witnesses would not have overcome the strength of the eyewitness identification, and …
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… v. O'Neill, 217 N.J. 99, 115 (2014) (citing Kieffer v. Best Buy, 205 N.J. 213, 222 (2011)). "If the language of a … . . ." Lahue, 263 N.J. Super. at 599 (citing Deutsch v. Budget Rent-A-Car, 213 N.J. Super. 385, 388 (App. Div. 1986)). … 405 N.J. Super. 547, 563 (App. Div. 2009) (quoting Conway v. 287 Corp. Ctr. Assocs., 187 N.J. 259, 268 (2006) …
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… and urged the judge to instead include the pension income in the alimony calculation. 3 A-1828-19 Plaintiff also … the judge ordered the parties to exchange their "last best" settlement offers to avoid the trial. He directed … was accompanied by a request to substantively modify her budgetary needs. This request was unsupported by the evidence …