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… that she went through approximately twenty photos on the computer and was able to identify defendant as Mike from one … was or was not the shooter. She testified that she did not come forward before August 26, 2004, because she did not … counsel's errors are sufficiently serious to deny him a fair trial. The prejudice standard is met if there is a …
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… day. Egan began the first interview by giving defendant the complaint. Egan told defendant that his bail was $800,000, … know, so basically that's where we stand right now. So the complaints are already there. It's -- the Superior Court … you like to explain to us your whereabouts, or -- [.]" Fairly interpreted, Wasko was not asking defendant whether …
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… also contacted the energy and 3 A-1049-15T1 thermostat companies, but they were unable to remedy the situation. … and working." He described "the repair and the amount" as "fair and reasonable and necessary." Regarding count two of … for the bank location on the security deposit check. Last, the judge found there was no evidence defendant mailed …
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… later refused to remediate, Lewis undertook the task and commenced this suit, alleging, among other things, Hull's … on the premises but instead used Valclene, a non- pollutant comprised of fluorinated-chlorinated hydrocarbons. Hull … for $290,000, we agree with Judge Perri that it was fair to assume, for purposes of the Rule 4:50 motion, that …
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… 587) appeal from a March 4, 2015 order dismissing their complaint in lieu of prerogative writs challenging … noted by the trial court, the Neighboring Property "has a fairly convoluted history regarding its ownership and … thereafter, changed its name to Linden Chemical and Plastic, Inc. and in 1979 it transferred the Neighboring …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-1433-15T1 AVALONBAY COMMUNITIES, INC., Plaintiff-Respondent, v. BOROUGH OF … together, granted summary judgment to plaintiff AvalonBay Communities, Inc. (AvalonBay) on its complaint in lieu of … (1990), the Borough exercised its authority under the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 to -329, to …
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… open the door." Sarkos banged on the door and heard a commotion from inside the room and the sound of running … wet from his elbow to his wrist, and his shorts had water-splash marks on them. Co- defendant Showell also was in the … that the 15 A-4425-13T3 negotiated plea agreement was fair to the State and defendant. The judge stated that, in …
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… Submitted October 26, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the Superior Court … the State agreed to dismiss the remaining counts and recommend an aggregate twelve-year prison term with a … counsel's errors constituted a violation of fundamental fairness. In rejecting defendant's claim that his attorney …
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… Submitted December 7, 2016 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal from the … C. Anything to the contrary notwithstanding, if the child becomes disabled[.] D. Demise of the child or the [defendant.] … as well as any other relevant circumstances, to reach a fair and just decision whether and, if so, in what amount, a …
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… Corporation appeal from a summary judgment dismissing their complaint against defendant Joseph Peterson, as well as … of successive action revealed risk of substantial unfairness to the defendant, unreasonably fragmented … complaint in September 2012, thirty-three months after the last services were provided. The judge concluded the …
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… reason, we affirm the summary judgment order. Plaintiff commenced this action by filing a complaint in February … the floor each day, testified at her deposition that the last group of students left the cafeteria each afternoon at … the limitations of [the TCA] and in accordance with the fair and uniform principles established [t]herein." N.J.S.A. …
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… a cross-motion. She sought to sanction defendant until he complied with the court's prior order by providing proof … made to him or to reveal the value of the assets, their income production or 7 A-5753-14T1 income producing potential, … in light of all of the [circumstances] is equitable and fair.'" Id. at 158 (quoting Smith v. Smith, 72 N.J. 350, 360 …
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… judgment order dismissing his personal injury negligence complaint against defendant Daniel Myers, and his wife, … to the legal determinations of the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … at 89. "[W]hether a duty exists is ultimately a question of fairness." Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 439 …
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… WHEN NEW JERSEY STATE TROOPERS REENTERED DEFENDANT'S AUTOMOBILE TO CONDUCT A SECOND SEARCH THAT WAS NOT A … Defendant received 207 days of jail credit, and the judge recommended defendant be considered for entry into the … the plea agreement, he should have afforded defendant a fair opportunity to withdraw his plea. We are mindful that …
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… in a twenty-four-count indictment with multiple offenses committed against five women during five separate incidents … Because clear and correct jury charges are essential to a fair trial, State v. Adams, 194 N.J. 186, 207 (2008), … extraordinary brutality involved in an offense." State v. Fuentes, 217 N.J. 57, 75 (2014) (citing O'Donnell, supra, …
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… DOCKET NO. A-5620-14T3 JERSEY CENTRAL POWER & LIGHT COMPANY, Plaintiff-Appellant, v. HAROLD A. PONTECORVO and … would constitute a manifest denial of justice." Baxter v. Fairmont Food Co., 74 N.J. 588, 597-98 (1977). Accordingly, … permitted questioning regarding defendant's lack of automobile insurance, which plaintiff believes affects his …
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… and Mawla. On appeal from the Public Employment Relations Commission, Docket No. SN-2016-002. Frank M. Crivelli argued … shown to be arbitrary, capricious, or unreasonable, lacking fair support in the evidence, or violative of a legislative … firefighters, if an item is not mandatorily negotiable, one last determin- ation must be made. If it places substantial …
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… and attorney in fact. The two POAs stated that they would become effective upon the following conditions: (1) incapacity … or mentally incapable of managing her financial affairs; or (4) upon executed certification of the decedent … and other beneficiaries entitled to recover under the last will and testament of the decedent. The trial judge …
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… apartment, and surrounding area. Thereafter, plaintiffs commenced this action in the Law Division seeking a judgment … 19, 2016, the trial court heard oral argument on the complaint. On April 15, 2016, the judge filed a written … criteria" to a zoning board. Smart SMR of N.Y., Inc. v. Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998). The …
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… you didn't hear anything from me. . . . Because this can come back to me and you know, I'll end up getting in … thereafter. Beagin was also the subject of an internal affairs investigation by the West Paterson Police Department … thus, was capable of obtaining other full-time employment. Lastly, the ALJ found factor (11) weighed against Beagin …