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… Plaintiff-Appellant, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Defendant-Respondent. Argued June 18, … 23, 2023 order granting defendant's motion to dismiss her complaint for failure to state a claim pursuant to Rule … plaintiff cannot rely on her self-serving assertion to support an equitable estoppel claim. See Fredericks v. …
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… the denial of the entry of an FRO was inconsistent with the competent evidence in the record. Therefore, we reverse the … not breathe. An audio recording admitted into evidence supported plaintiff's claim that during the assault, … "detailed" testimony. The court, however, found "there were points in the testimony where the evidence [contradicted] …
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… The Township suspended Slimm without pay pending the outcome of the disciplinary action. On January 29, 2019, Slimm … it was "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … for disability pension benefits. Contrary to Slimm's unsupported contention, the charges did not relate to Slimm's …
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… Order (FRO) to plaintiff after the trial court found he committed the predicate acts of NOT FOR PUBLICATION WITHOUT … threats, contending the trial court's ruling is not supported by facts in the record. We conclude the trial … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… prostitution. He pled guilty to first-degree conspiracy to commit human trafficking and second-degree facilitating … did not investigate witnesses to uncover evidence to support his defense, Judge Galis-Menendez determined the … (citing Pressler & Verniero, Current N.J. Court Rules, comment on R. 2:10-5 (2011))). Defendant's allegation that …
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… a sentence imposed in 2008 for a series of violent crimes committed in 2002 when defendant was twenty-one-years-old. … WAS UNDER [TWENTY-SIX] YEARS OF AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE," N.J.S.A. 2C:44-1(B)(14). 6 … harshest sentences on juvenile offenders, even when they commit terrible crimes." 567 U.S. at 465, 472. It continued, …
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… Institute, LLC (AADARI), and Obafemi Simmons's unverified complaint. We also consider the provision of the order that … a verification or affidavit based on personal knowledge in support of plaintiffs' application. In lieu of an answer, … was a fatal procedural deficiency, we need not address the points raised in plaintiffs' cross-appeal. Therefore, we …
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… arbitration in 2010. In 2017, plaintiffs moved to compel arbitration and the court entered an order confirming … to the arbitration. Specifically, defendant claimed Hook committed fraud because defendant reviewed Aandrei's … of the amounts which . . . Hook, [his wife,] and their companies had to expend to fight [defendant] on multiple …
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… The State dismissed the remaining charges and recommended defendant be sentenced to ten years subject to the … a consecutive sentence, consistent with its plea recommendation. The court analyzed the aggravating and … Counsel presented mitigating factors at sentencing in support of a concurrent sentence, but the court analyzed the …
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… a dislocated and fractured left elbow. Plaintiff filed his complaint in this matter alleging Officer Rotondo operated … 199 (2016)). Summary judgment should be granted when "the competent evidential materials submitted by the parties," … believe that the Legislature intended that the term could encompass the operation of police vehicles. A public employee, …
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… was bitten. Mohamad Hanafy testified that, when plaintiff completed the job and the internet was working, he walked … dogs had been released after plaintiff told him the job was complete. Afterwards, plaintiff came back into the home by … except upon the basis of a carefully reasoned and factually supported (and articulated) determination . . . that the …
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… a pro se petition for PCR, claiming trial counsel failed to communicate with him, "only visited [him] once at the jail, … was ineffective for "fail[ing] to withdraw as counsel when communications between [defendant and trial counsel] broke … the trial. . . . Additionally, there is ample evidence to support that trial counsel provided competen[t] …
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… _______________________________ NEW JERSEY COMMISSIONER OF EDUCATION, Respondent. … based on the status of protected groups. Plaintiff also points to N.J.A.C. 6A:7-1.5(a), which requires every board … if it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
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… and remand for the trial court to make factual findings supporting an equitable distribution of the watch … In 2016, defendant pleaded guilty to conspiracy to commit securities fraud and tender offer fraud and was … distribution. However, the submitted documents do not support that finding. There is no evidence in the record …
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… against permitting the recording. 2 We are advised that the companion cases have resolved. 5 A-1046-24 Plaintiff moved … the examination lasted a full hour, 3 We need not detail comprehensively in this posted opinion the specifics of the … alleged condition is exaggerated or not credible, but such competing positions must await the ultimate assessment of …
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… $225. Because there was sufficient credible evidence supporting the adjudication, we affirm. We glean these facts … written, personal, electronic, or other form of contact or communication" with the other. Subsequently, through the … Believing defendant sent the messages, J.C. reported the communication to the police, and defendant was charged with …
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… is limited. Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of … standard." Zimmerman v. Sussex Cnty. Educ. Servs. Comm'n, 237 N.J. 465, 475 (2019). "An agency's determination … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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… on behalf of Defendant Swyfft, LLC, i/p/a “Swyfft Insurance Company” (“Swyfft”), and the court having considered the … on October 16, 2024, and for the reasons set forth in the accompanying Memorandum of Decision; IT IS on this 8th Day of … notice to Swyfft that cites in detail the record evidence supporting the claims sought to be prosecuted. 2 IT IS …
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… of intention to foreclose the mortgage. Plaintiff filed its complaint two months later, alleging, among other things, … to what was raised on summary judgment," and had "really become subject to res judicata and collateral estoppel." … of John Briseno certainly provided an adequate basis to support the entry of the motion for summary judgment and the …
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… items were introduced into evidence by either party. At the commencement of the hearing, defendant stipulated that he … in domestic violence matters "are binding on appeal when supported 7 A-3172-21 by adequate, substantial, credible … based on believability and their demeanor. Defendant points to no evidence in the record that undermines the …