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… plaintiffs Maria Pulice's and Frank Pulice's negligence complaint as a result of a waiver Maria signed releasing the … Members and member's guests shall hold the club harmless from any cost, claim, injury, damage, or liability … is public interest in holding a health club to its general common law duty to business invitees--to maintain its …
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… February 1, 2016 Chancery Division order dismissing their complaint with prejudice. We affirm. Plaintiffs are the … 474, 105 S. Ct. at 2183, 85 L. Ed. 2d at 542. "[T]he requisite quality and quantum of contacts is dependent on whether … State. Ibid. (citing Helicopteros 8 A-2476-15T3 Nacionales de Colombia, S. A. v. Hall, 466 U.S. 408, 417, 104 S. …
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… then testified that her employer informed her that the company did not have any light-duty work available for her. … if a position was available and may have been able to accommodate Pelczar by offering her a position that would not … Self v. Bd. of Review, 91 N.J. 453, 459 (1982)). "Unless . . . the agency's action was arbitrary, capricious, or …
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… filing a petition for post-conviction relief (PCR). The Rules of Court do not authorize an order compelling discovery in this context, and defendant did not … for an exercise of the judge's inherent authority to compel discovery when justice requires. R. 3:13-2; R. …
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… N.J.S.A. 2C:7-2(a), a provision in the Registration and Community Notification Law, N.J.S.A. 2C:7-1 to -11, also … charging him with offenses pertaining to his failure to comply with Megan's Law misstated the predicate offense did …
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… appeals from his conviction for second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2, … OF N.J.S.A. 2C:43- 7.2(a). C. THE TRIAL COURT’S WHOLESALE ADOPTION OF THE PROSECUTOR’S PLEA OFFER THAT IMPOSES … of the crime, which the State must prove. See State v. Lassiter, 348 N.J. Super. 152, 160-161 (App. Div. 2002) (where …
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… DIVISION DOCKET NO. A-4157-15T4 NEW JERSEY MOTOR VEHICLE COMMISSION, Petitioner-Respondent, v. GERARD J. REDMOND, … and Whipple. On appeal from New Jersey Motor Vehicle Commission. James N. Butler, Jr. argued the cause for … and review." Pressler & Verniero, Current N.J. Court Rules, cmt. 6.1 on R. 2:5-1 (2011). Nonetheless, we may …
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… the PGA Foundation; and the PGA. In their amended complaint, plaintiffs alleged that E.K. would not have been … on January 28, 2016, because discovery had not yet been completed and the court wanted to give plaintiffs the … law." R. 4:46- 2(c). The court must "consider whether the competent evidential materials presented, when viewed in the …
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… surety on the bond, First Indemnity of America Insurance Company. The Agreement required defendant to "pay all . . . … fees. Defendant was the only party who answered the complaint. FTA requested summary judgment, contending there … application to open a judgment will be left undisturbed unless it represents a clear abuse of discretion."). 3 We omit …
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… Demunguia admitted to his parole officer that he had become affiliated with the Pagans Motorcycle Club (Pagans) in … could not possibly belong to [the other occupant] as females are not permitted to be members of motorcycle clubs." … the Board, like those of other administrative agencies, unless they are "arbitrary, capricious or unreasonable or …
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… possession for an unlawful purpose, in exchange for a recommended sentence of six years, with a three year parole … he later learned that Lane's advice was wrong, because unless his parents "included me on their naturalization papers … further attested that on the day he pled guilty, Lane visited him in the bull pen, and told him to just sign the …
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… this argument in light of the record and applicable principles of law, we disagree and affirm. We derive our factual … one previous period of a black-out. Plaintiff presented a complaint for the care and supervision of Martin. Following … reliance on G.M., supra, 198 N.J. at 388, is inapposite as, unlike in G.M., Judge Stein conducted a …
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… of them signed a certification or affidavit in 2014 to accompany the PCR petition, contending that he or she had been … practice, he would not have presented alibi witnesses unless they were very convincing, because a weak alibi witness … by the alibi witnesses, especially since they did not come forward until four years after the trial, by which …
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… the Burlington County plea agreement, the State agreed to recommend a seven-year sentence, with three and one-half years … application of mitigating factor eleven, which would have lessened the length of her sentence. We reject defendant's …
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… Tenaglia). Demetro contends dismissal of her third-party complaint against Slater Tenaglia was erroneous for the … outgoing mail at Slater Tenaglia and indicated that she deposited the envelope, with postage, in the firm's mail room on … if proven, would constitute a valid cause of action." Sickles v. Cabot Corp., 379 N.J. Super. 100, 106 (App. Div.) …
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… Law Division judge denied defendant's motion to dismiss the complaint after rejecting defendant's argument that N.J.S.A. 2A:14-281 barred plaintiff from pursuing its complaint. 1 The statute provides in pertinent part: If, in … Ibid. (citations omitted). Applying these guiding principles, we agree with the motion judge's determination that the …
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… Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … N.J.A.C. 11:3-29.5." Endo Surgi filed a Law Division complaint under N.J.S.A. 2A:23A-13 of the Alternative … because the procedure was reimbursable under Medicare rules. Both parties filed motions for summary judgment. On …
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… N.J.S.A. 2C:11-3(a)(1) and (2), first-degree murder as an accomplice, N.J.S.A. 2C:11- 3(a)(1) and (2), and thirteen … petition. This appeal followed. 2 The "report" is a computer screen printout which defendant argues shows he … petition[s] for post-conviction relief shall be dismissed unless: (1) [they are] timely under Rule 3:22-12(a)(2)[.]" …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 10-03-0358. Joseph E. Krakora, … defendant did not dispute he entered the victim's home to commit a burglary. In a statement provided to the police, … third-degree burglary, N.J.S.A. 2C:18-2, the State would recommend a ten-year term of imprisonment and dismiss the …
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… of sexual assault of a victim who is at least thirteen but less than sixteen years old, contrary to N.J.S.A. … mitigating factors including that appellant successfully completed community supervision opportunities and did not receive any …