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… the Fernicola firm would represent defendant and his company, Trainon, LLC, "in a limited scope" pertaining to … of the bankruptcy matters, the Fernicola firm filed a complaint against defendant in the Superior Court of New … Co., 109 N.J. 201, 218 (1988)). "[T]o strike that balance fairly, courts are required to recognize and to consider …
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… the cause for respondents (Law Offices of Frank A. Viscomi, attorneys; Hillary C. Kruger, on the brief). PER … of whether a duty exists is a question of law." Franco v. Fairleigh Dickinson Univ., 467 N.J. Super. 8, 25 (App. Div. … by [a c]ourt must 'satisf[y] an abiding sense of basic fairness under all of the circumstances in light of …
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… Prosecutor, of counsel and on the brief; Joseph M. Competello, Assistant Prosecutor, on the brief). PER CURIAM … G.N.W. guilty of twenty-one counts of sexual assault committed against adolescent boys. He was sentenced to … 386 U.S. 213, 222-23 (1967)). "As a matter of fundamental fairness, excessive delay in completing a prosecution may …
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… New Jersey Department of Legalized Games of Chance Control Commission, Division of Consumer Affairs. Jeffrey Peter Resnick argued the cause for appellant … the cause for respondent Legalized Games of Chance Control Commission (Matthew J. Platkin, Attorney General, attorney; …
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… because he did not see defendant with a gun or a muzzle flash in the footage. He also noted defendant's "casual … not reasonably 5 A-0950-23 probable that the gunshot had come from defendant's location as seen in the video footage. … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. …
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… were not withdrawn. In the PCR court's written decision accompanying the August 1, 2023 order denying Johnson's PCR … and (2) the deficiency prejudiced defendant's right to a fair trial); see also State v. Fritz, 105 N.J. 42, 58 (1987) … Counsel Had the Duty to Review the Entire Record and the Concomitant 8 A-0206-23 Obligation to Elucidate the Issues …
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… order, entered after a hearing, finding defendant Z.K. not competent to stand trial. We affirm the February 24th order … by additional officers close to his home. Despite being commanded to lay on the ground, defendant ignored the … defendant has been deprived of his due process right to a fair trial. State v. Cecil, 260 N.J. Super. 475, 480 (App. …
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… issues before us. This case involves a robbery and theft committed on the same day in Maple Shade Township. On June … PROCEDURE. (Not raised below). POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT FAILED TO EXCLUDE … concerning jury charges. "An essential ingredient of a fair trial is that a jury receive adequate and …
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… v. BMW OF NORTH AMERICA, LLC, BMW GROUP COMPANY, and ROYAL MOTORS, INC., Defendants-Respondents. … settlement offer made at mediation, as she viewed it as "unfair," and so, she needed representation for trial. … conclusions. We defer to those well-grounded findings. E. Lastly, plaintiff contends the judge erred in rejecting her …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0929-23 MONARCH COMMUNITIES, LLC, a Limited Liability Company of the State of Delaware, Plaintiff-Respondent, v. … Div. 2001) (quoting Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adj., 152 N.J. 309, 323 (1998)). The …
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… as guarantor of JGD for rent and other costs under its commercial lease with plaintiff. Defendants also challenge a … events occur, said event of events shall hereby be classified as a "Default": (a) If tenant fails to pay Minimum … itself that the assigned hourly rates 16 A-0782-23 are fair, realistic, and accurate, or should make appropriate …
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… contends that 3 A-3040-22 cumulative error denied him a fair trial. For the reasons which follow, we affirm. I. We … certif. granted, 244 N.J. 262 (2020). We recite the salient combined facts and history from our opinion: In 2013, J.R. … penetrated her vagina. 4 A-3040-22 . . . . After this last incident, J.R. texted her mother and her …
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… made the required monthly payments to date. A foreclosure complaint was filed on May 12, 2016. Defendant filed an … re-litigation of claims already litigated and resolved. Velasquez v. Franz, 123 N.J. 498, 505 (1991). Plainly stated, … [t]he rationale underlying res judicata recognizes that fairness to the defendant and sound judicial administration …
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… contrary to N.J.S.A. 2C:11-4(a)(1). The State agreed to recommend that the court sentence defendant to eighteen years … three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) … DENYING [DEFENDANT] DUE PROCESS OF LAW AND FUNDAMENTAL FAIRNESS. POINT IV THE EIGHTEEN YEAR EIGHT[Y-]FIVE PERCENT …
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… 2015 guilty plea to one count of third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a)(1), N.J.S.A 2C:20-3(a). The … We need not recount the details of defendant's role in the commission of the offense to which she pled guilty. Suffice … a plea bargain[,] and whether withdrawal would result in unfair prejudice to the state or [an] unfair advantage to the …
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… Acting Director of the New Jersey Division of Consumer Affairs, Plaintiffs-Appellants, v. ATLANTIC COAST HOUSE LIFTING LIMITED LIABILITY COMPANY, a/k/a ATANTIC COAST HOUSE LIFTING, LLC, a/k/a … should not be barred from filing any criminal or municipal complaints2 against defendants. For the reasons expressed …
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… filed an internal harassment and hostile work environment complaint with her employer based on her treatment by union … received a thirty-day suspension and entered into a "last chance" agreement with the county, which provided that … of employment, and breach of covenant of good faith and fair dealing. She sought compensatory and punitive damages. …
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… defendant's motion to vacate default and dismiss the complaint; the February 3, 2017 order denying defendant's … and Intention to Foreclose (NOI), in accordance with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -73. After … default, on October 21, 2014, plaintiff filed a foreclosure complaint. On November 26, 2014, defendant1 filed a motion …
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… INTERIOR SYSTEMS, INC., Plaintiff-Appellant, v. NATIONAL COMMERCIAL BUILDERS, INC., d/b/a NCB BUILDERS OF NEW JERSEY, … from the Law Division's May 25, 2018 order dismissing its complaint against defendant National Commercial Builders, … in New Jersey. N.J.S.A. 2A:30A-2(f). Similarly, the Kansas Fairness in Private Construction Contract Act (KFPCCA), Kan. …
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… recover alimony payments from plaintiff, and that deferred compensation payments were not a substitute for alimony … returns listed her occupation as a "realtor." Their very comprehensive MSA, dividing over $8,000,000 in assets, was … Marital 14 A-0846-17T2 settlement agreements "which are fair and just" are enforceable in equity. Petersen v. …