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… proceedings. We incorporate and summarize the salient facts and procedural history as set forth in our prior … $1,040,000 against" defendant's wife Xiaoping Li, complicated the divorce action. Id. at 3. In connection with … The motion judge found no disputed material issues of fact because: Caputo's billable amount was $325 per hour …
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… We disagree and affirm. We derive the following facts from the record. On June 22, 2005, defendant entered a … its contents. 5 A-3293-17T3 fundamental injustice" to overcome Rule 3:22-12's limitations. Further, the court found … motion to withdraw his guilty plea under the four factors enunciated in State v. Slater, 198 N.J. 145, 157-58 …
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… the State's testifying expert, and should have retained a competing DNA expert. The same judge who had presided over … POINT II THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PREVIOUSLY UNADDRESSED … PREJUDICED THE DEFENDANT AND MISLED THE JURY DURING THEIR FACT-FINDING DELIBERATION, VIOLATING HIS VI AND XIV …
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… this motion was decided under Rule 4:46, we recite the facts as presented by plaintiff, the non- moving party. … v. Vivorito, 217 N.J. 199, 203 (2014) ("We derive the facts viewed in the light most favorable to plaintiff from … 2003, plaintiff, acting on behalf of his closely- held companies Afgamco, Inc. and Longhi Associates, Inc., entered …
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… first-degree aggravated sexual assault, the State would recommend a twenty year term of imprisonment, subject to an … defendant was not asserting in his petitions that he was in fact A-0139-16T1 6 innocent of the charge to which he pled … found credible on such issues, we provide some background facts. Defendant impregnated the victim and she terminated …
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… We affirm. I. This appeal arises from the following facts. On July 4, 2003, plaintiff's vehicle collided with a … testify as plaintiff's expert. Apparently, Hernandez had become disabled and was no longer practicing medicine. … the complaint, but allowed plaintiff to present additional facts to establish jurisdiction. Apparently, he did not do …
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… IN PART, BY (1) NOT CHALLENGING THE NO SHOW/NO RECOMMENDATION CONDITION; AND (2) NOT REQUESTING A HEARING ON … evidence in the record to support the findings of fact upon which the sentencing court based the application … third, whether in applying those guidelines to the relevant facts the trial court clearly erred by reaching a conclusion …
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… was subsequently settled on June 3, 2016. 1 The respective complaints filed by plaintiff against Neary and Walder Hayden & Brogan provide the facts we here consider. The complaints were attached to … 6 The basis for the imposition of less draconian remedies follows long-standing jurisprudential tenets. As we …
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… HEROIN AND STATEMENT MUST BE SUPPRESSED BECAUSE THEY WERE A COMPELLED RESPONSE TO UNWARNED CUSTODIAL INTERROGATION. A. … both officers were credible and made the following factual findings. We defer to those findings because "the … State v. Elders, 192 N.J. 224, 244 (2007)). We uphold those factual findings because they are supported by sufficient …
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… and REBECCA LIQUARI, Plaintiffs-Appellants, v. JENNIFER COMBS, Defendant, and PROCURA MANAGEMENT INC., and/or … days after the insurer is furnished written notice of the fact of a covered loss and of the amount of same, and that … plaintiff was not entitled to recovery beyond the remedies provided in Section 5, and dismissed the complaint …
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… riding lessons. We affirm. I. We derive these pertinent facts from the record. Appellant purchased the property in … a nursery, a farm market, landscaping operations, a compost area, "horse and animal raising and rehabilitation … that boards of adjustment and municipal governing bodies will act fairly and with proper motives and for valid …
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… N.J.S.A. 2C:17-1(b)(1), in exchange for the State's recommendation that she receive a probationary sentence. 3 … court in another proceeding. Defendant also provided a factual basis for her plea. She testified that in January … novo standard of review also applies to mixed questions of fact and law. Id. at 420. Where an evidentiary hearing has …
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… claimed he acted in self-defense when the victim, a complete stranger armed with "a metallic object," attacked … that his attorney should have also advanced a mistake of fact defense, see N.J.S.A. 2C:2-4(a)(1), because the … of drugs and alcohol rendered defendant ignorant of the fact that he was inflicting lethal injuries and thus negated …
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… 2019 denial of their motion to amend their answer, and the companion orders dated August 30, 2019 orders, which granted … this case the plaintiff submitted a statement of material facts consisting of [seventeen] points, which if you follow … challenging the Law Division judge's rulings as embodied in his August 22, and August 30, 2019 orders. 10 …
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… 1 United States v. Wade, 388 U.S. 218 (1967). 4 A-5873-17T3 compared them with his driver's license photo.2 Trover's … the Paramus Police Department and alerted them to the fact that he believed he knew who the person was in their … I find that he will be able to testify . . . to the fact that he identified [defendant]. 2 Defendant's Facebook …
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… A-1761-18T2 JAMISON BRIDGEFORTH, Plaintiff-Appellant, v. COMPASS GROUP USA, INC., GOURMET DINING, LLC, TONY MOON, and … and affirm. 3 A-1761-18T2 I. We derive the following facts from the summary judgment record, viewing the facts in the light most favorable to plaintiff as the …
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… RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL FOR FAILING TO COMMUNICATE, CONSULT, REVIEW DISCOVERY, OR INVESTIGATE, ALL … he 5 A-0029-18T2 could have a trial in this matter. In fact, the matter was scheduled for trial. And at trial it … questions about the plea offer. Defense counsel laid the factual basis for the plea for both the third-degree theft …
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… OTIS, LGO PROPERTIES LLC, and 6 W END AVE LIMITED LIABILITY COMPANY, Defendants-Respondents. __________________________ … in part and vacate and remand in part. I. We discuss the facts gleaned from the motion record to provide context for … set forth in the [a]mended [c]omplaint" and described the factual scenario giving rise to plaintiff 's complaint. …
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… dismissal of her auto accident related personal injury complaint filed against defendant Paul Kensey. The complaint … legal principles, we affirm. We derive the following facts from evidence submitted by the parties in support of, … plaintiff's claim is meritorious in that he or she has, in fact, sustained an injury that qualifies for the recovery of …
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… JAMES, Plaintiffs-Appellants, v. STATE FARM INSURANCE COMPANY, Defendant-Respondent. … objection or modification. In light of these undisputed facts, the judge concluded plaintiffs had not presented … expressed by the motion judge. We gather the following facts from the record developed before the Law Division. 5 …