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… P. Perfilio's oral decision. I. This case has a long and complex procedural history. In March 2006, defendant … to stay the sheriff's sale. Judge Perfilio addressed this last February 2019 motion on March 1, 2019. Although this … 394. These three foundational requirements were fully and fairly litigated at trial and rehashing them will not lead …
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… born of the relationship. In March 2017, plaintiff filed a complaint for custody and child support. Defendant filed a … then issued subpoenas to verify the amount of plaintiff's income, and plaintiff filed a motion to quash the subpoenas. … compel discovery; and (9) any other factor bearing on the fairness of an award. [R. 5:3-5(c).] Plaintiff argues that …
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… per six acres. Merck challenged the rezoning by filing a complaint in lieu of prerogative writs and in March 2016 the … developments. The Merck Property constitutes the last remaining large, undeveloped parcel in the vicinity. … capricious, or unreasonable if it is also said to be fairly debatable. That is the exact circumstance that the …
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… the judge found nothing in the record which revealed any communication between the investigator and trial counsel. … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Pierre, 223 … Defendant argues that the one-year time limitation should commence with our affirmance of the first PCR denial, on …
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… to the negotiated plea agreement, the State agreed to recommend non-custodial probation, with multiple conditions … admission. Defendant applied for PTI. A probation officer recommended rejection, and the prosecutor agreed. After … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention." …
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… entered after a bench trial for conduct which, if committed by an adult, would constitute second- NOT FOR … it, putting it under his thigh, how he left it there for a fairly substantial period of time, how he finally then put … any error we deem harmless, Higgins v. Owens-Corning Fiberglas Corp., 282 N.J. Super. 600, 609 (App. Div. 1995). Only …
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… order granting defendants' motion to stay the action and compel arbitration. We affirm. I. We derive the following … be resolved through final and binding arbitration on a non-class, non-collective and nonrepresentative action basis as … a party "cannot be required to arbitrate when it cannot fairly be ascertained from the contract 's language that [he …
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… substantially for the reasons set forth in the judge's comprehensive written decision rendered on November 16, … in total land area and approximately forty percent of it is comprised of wetlands. 3 A-1744-18T4 which permits single … suitable for the proposed use." [Smart SMR v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998)] …
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… her office had filed an appellate brief, asserting it was "common that the client does not review this document before … bill was paid, the claim or the amount of the claim was unfair, the services were not received and were defective, and … monthly from the moment she was retained, with the last bill on November 15, for $17,951.88. The trial judge …
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… In exchange for defendant's plea, the State agreed to recommend dismissal of two other third-degree drug offenses … and that his plea counsel was ineffective by lacking the competence required to provide advice about the immigration … "when the judicial system has denied a 'defendant with fair proceedings leading to a just outcome' or when …
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… ERRED BY FAILING TO CONSIDER FACTOR FOUR, THE DESIRE OF THE COMPLAINANT OR VICTIM TO FOREGO PROSECUTION. 3 A-0893-18T3 … was sentenced to a probationary term which included compliance with Megan's Law. See N.J.S.A. 2C:7-1 to -23. … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention." In …
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… 2C:39-3(f)(1) and (2). He was also charged in a summons complaint with two disorderly persons offenses related to … and applied to situations where a Graves Act offense is committed in New Jersey based on conduct that would be … check [] the "most egregious examples of injustice and unfairness."'" State v. Lee, 437 N.J. Super. 555, 563 (App. …
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… set forth herein, until such time as Dr. Baszczuk[2] recommends curbside or not which shall be binding upon the … in the appealed orders. 4 A-5442-17T3 Judge Sheedy, in a comprehensive and well-reasoned twenty-eight page written … Petersen v. Petersen, 85 N.J. 638, 645 (1981)), and that "fair and definitive arrangements arrived at by mutual …
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… appellant's application after it adopted, without further comment, the findings and conclusions reached by an … appellant with Guillain-Barre syndrome, treating her with "plasma exchange therapy" that was to remove inflammatory … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… owner at Society Hill at University Heights condominium complex in Newark, and defendant Society Hill at University … part: "A[ ] [condominium] association shall provide a fair and efficient procedure for the resolution of … is consistent with our view that "[l]itigation should be a last resort, not a first one." [Id. at 164 (quoting Billig …
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… found aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, … court found mitigating factor six, defendant has or will compensate the victim of his crime, N.J.S.A. 2C:44-1(b)(6). … errors were so serious as to deprive the defendant of a fair tr ial, a trial whose result is reliable[,]" id. at …
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… APPELLATE DIVISION DOCKET NO. A-0296-21 DEUTSCHE BANK TRUST COMPANY AMERICAS, f/k/a BANKERS TRUST COMPANY AS TRUSTEE FOR … Plaintiff further alleged it fully complied with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to - 68, by … certified mail, return receipt requested, at the debtor's last known address, and, if different, to the address of the …
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… the modification agreement, U.S. Bank filed a foreclosure complaint on March 29, 2019. In its complaint, U.S. Bank contended it was the holder of the note … interest. It further alleged it "fully complied" with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to - 68, and …
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… support for the parties' child but did not contain their incomes or the amount because they were unable agree on those … the parties' settlement discussions . Citing Acorn v. Fair,1 she argues the judge lacked good cause to deny her … discretion in making a child support award." Foust v. Glaser, 340 N.J. Super. 312, 315 (App. Div. 2001) (citing …
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… . . .would have gleaned any exculpatory evidence or compelling evidence whatsoever . . . ." On the motion for an … violation based on the State Constitution and fundamental fairness to defendant as expressed in the 7 A-2204-20 … judges with discretion in reviewing a party's failure to comply with discovery. See R. 7:7-7(j) (providing that where …