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… Wolosky appeals from a Tax Court judgment dismissing his complaint, which alleged the tax assessment for the property … employment as a tax assessor. Plaintiff then filed a complaint with the Tax Court seeking the same relief. During … behalf of both parties and conclude the matter based on a fair preponderance of the evidence." Ford Motor Co. v. Twp. …
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… Cheer Tech for ten years and two months and had a monthly income of $30,000, composed of a base income of $25,000 and a … . . . since 1997. I have been preparing his taxes for the last twelve years." On September 1, 2010, decedent stopped … lacking in "good faith, honesty in fact and observance of fair dealing." Cox v. Sears Roebuck & Co., 138 N.J. 2, 18 …
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… who was beaten, strangled, and finally suffocated with a plastic bag over her head. Defendant told the police that she … prior to her nineteenth birthday. Nor can his report be fairly construed to imply such 3 A-2382-16T4 an opinion. On … first-degree murder charge to aggravated manslaughter and recommend a twenty-year sentence pursuant to the No Early …
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… Association (defendant or Club), owns the condominium complex where plaintiffs reside and the injury occurred. For … assert that the curb stop was not there, but claims it was completely hidden under Carresco's car as they exited the … fall." Id. at 61-62. We rejected that ruling, finding it "fairly inferable" from the circumstances that the …
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… Defendants-Appellants, v. UTICA FIRST INSURANCE COMPANY, Third-Party Defendant-Respondent, and 2 HAND … Argued April 25, 2018 – Decided July 27, 2018 Before Judges Fuentes, Koblitz, and Manahan. On appeal from Superior Court … and instead, "courts must evaluate whether, utilizing a 'fair interpretation' of the language, it is ambiguous." …
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… Division, Essex County, Docket No. L-7097-14. Richard A. McOmber argued the cause for appellant (McOmber & McOmber, … 1. Plaintiff's Fees and Costs Were Reasonable 2. After Slashing Plaintiff's Counsel's Lodestar Amount by $104,590, … seems to be entirely unnecessary duplication of effort in a fairly straightforward case. Lema's counsel called two …
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… for his mother's nursing care cost, and his failure to comply with the contract he signed as the "responsible … See N.J.A.C. 10:70-5.1(a). Defendant requested a fair hearing, which was held in July 2014 before an … that exceeded the LLC's loan payments, resulting in some income to Skwara LLC. The Director explained: "Petitioner does …
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… No. A-5762-03 (App. Div. Dec. 17, 2004). Following the completion of his prison sentence, defendant was civilly committed under the Sexually Violent Predator Act (SVPA), … must be highly deferential." Strickland, 466 U.S. at 689. A fair assessment of attorney performance requires that every …
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… once again found guilty of armed robbery and conspiracy to commit armed robbery. The State dismissed the weapons count, … trial court erred in failing to charge the jury with an accomplice liability charge, or that prosecutorial misconduct … during the trial and in summation deprived defendant of a fair trial. Id. at 5-10. We also affirmed the trial court's …
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… Argued November 8, 2018 – Decided Before Judges Fuentes and Vernoia. On appeal from Superior Court of New … "downstairs" where "[i]t sounded like [the noise] was coming from." Detective Falaise testified Jefferson Sr. led … 2C:29-1(a) that supports defendant's conviction. However, a fair reading of the court's decision reflects that the court …
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… the Estate of Rosemary Pelle, filed a medical malpractice complaint against defendant Ivan M. Freidrich, M.D., and … ultrasound. Performed a week later, it revealed linitis plastica, a form of gastric cancer, in the submucosa of the … Plaintiff had only hours to respond: "our commitment to the fair administration of justice demands that we protect a …
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… appeals from Law Division orders dismissing his amended complaint, which asserted claims of legal malpractice and … for fee arbitration. On January 13, 2014, plaintiff filed a complaint demanding defendants provide "[a]n accounting of … should satisfy itself that the assigned hourly rates are fair, realistic, and accurate, or should make appropriate …
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… WAS AN IMPROPER DISCOVERY VIOLATION, SO AFFECTING THE OUTCOME THAT THE CONVICTION SHOULD BE OVERTURNED [(raised … produced in discovery but introduced by the State on the last day of the State's case, the judge improperly inquired … . . . defendant's fundamental right to have the jury fairly evaluate the merits of his defense." State v. …
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… appeals from the Law Division's judgment dismissing her complaint against defendant the late Naomi Rosenfeld, which … Dolson charge in its instructions to the jury. Plaintiff's complaint arose from a July 2011 auto accident in which a … and understandable jury instructions are essential to a fair trial, see Velazquez v. Portadin, 163 N.J. 677, 688 …
njcourts.gov
… notice was sent on July 7, 2015, by certified and first class mail, which was returned unclaimed on August 7, 2015. Because the Honachefskys failed to complete any work on Echo Lane, Lemad filed a motion to … attorney's fees recognized that as a matter of fundamental fairness, a party who willfully fails to comply with an …
njcourts.gov
… Marzarella, Chief Appellate Attorney, of counsel; Nicholas D. Norcia, Assistant Prosecutor, on the brief). PER … of his decision, including the possibility of civil commitment under the Sexually Violent Predator Act (SVPA), … of the possibility of civil confinement – fundamental fairness demands it. State v. Bellamy, 178 N.J. 127, 139-40 …
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… denied knowledge of child pornography being downloaded on computers in the home. The detectives "zip-tied" defendant's … looking at aren't going to increase at all" and "being forthcoming to us . . . we even tell that to the judge. This guy … that "[w]ithout such an assurance, defendant might fairly have concluded that it would have been futile to keep …
njcourts.gov
… DOCKET NO. A-4404-15T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION … Notice of Intent to Foreclose (NOI) in compliance with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68. The … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union of Fire Ins. Co. of …
njcourts.gov
… broke, necessitating additional surgeries. Williams' last day of work was in February 2013. In March 2013, … of Williams. Williams testified she never had back complaints prior to the January 2010 incident. She also … 28, 2010. He determined that Williams' "disability was fairly remote in time relative to the incident on January …
njcourts.gov
… In his petition, defendant asserted: (1) trial counsel completely failed to object to the judge's erroneous charge … without adding a final paragraph directing the jury to "complete its task;" (4) the modified Czachor charge omitted … and (2) the errors prejudiced defendant's rights to a fair trial such that there exists a 9 A-4648-15T4 …