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- A-5524-17T2 Opinionnjcourts.gov… Judge Pressler addressed a factually similar scenario in Bascom Corporation v. Chase Manhattan Bank, 363 N.J. Super. 334 (App. Div. 2003). Bascom sought to foreclose a tax sale certificate on property … borrower. Ibid. A tax foreclosure judgment was issued to Bascom while Askew's bankruptcy proceeding was pending. Ibid. …
- A-3140-17T4 Opinionnjcourts.gov… things, defendant asserted that the attorney failed to (1) communicate with him; (2) conduct an 3 A-3140-17T4 adequate … on his petition. At its conclusion, the judge rendered a comprehensive written decision denying defendant's petition. … DENIAL OF HIS PETITION FOR [PCR] WAS ERROR. A. FAILURE TO COMMUNICATE WITH DEFENDANT. B. FAILURE TO CONDUCT AN …
- A-2244-17T1 Opinionnjcourts.gov… found defendant 3 A-2244-17T1 understands the charges, has competent counsel, knows the maximum penalties. He admits to … v. Lockhart, 474 U.S. 52, 59 (1985)). The PCR judge noted a complete absence of any information to support defendant's …
- A-4978-16T2 Opinionnjcourts.gov… or failed to appreciate the significance of probative, competent evidence." Cummings, 295 N.J Super. at 384 … by Sandy[.]" The judge also noted defendant did not file a complaint with the insurance company or prosecutor's office alleging forgery. Defense …
- A-2769-19 Opinionnjcourts.gov… issued an order denying defendant's petition, as well as a comprehensive fourteen-page written decision setting forth … defendant's claim that trial counsel failed to file "a competency motion." Addressing defendant's sentence, the PCR … in its thorough written decision. We add only the following comment. The PCR court noted defendant's contention about …
- A-0113-20 Opinionnjcourts.gov… stated defendant sent $100,000 on behalf of Cash Flow to a company in China, care of a client of Cash Flow. The August … pleadings are not part of the appellate record. 4 A-0113-20 committed what are potentially actionable or criminal … with the lender generally being individuals or companies and not banks." Troy Segal, Hard Money Loan, …
- A-4480-19 Opinionnjcourts.gov… in court, and elected to represent himself. Before trial commenced, the judge rejected defendant's protestations that … to be wholly lacking in merit. Neither the judge's comment that he is "very familiar" with defendant based on … basis of [a litigant's] oversensitivity to the rulings and comments of a trial judge, such as normally occur in the …
- A-1768-20 Opinionnjcourts.gov… Defendant-Appellant, and PALMERA GROUP LIMITED LIABILITY COMPANY, FIA CARD SERVICES, N.A., and ARTISAN BAKERS GROUP, … the mortgaged property to Palmera Group Limited Liability Company (Palmera). In June 2014, plaintiff Wells Fargo, N.A., successor by merger to Wachovia, commenced this foreclosure action. Defendant did not answer, …
- A-1294-20 Opinionnjcourts.gov… December 4, 2020 order denying his motion to reinstate his complaint pursuant to N.J.S.A. 2A:53A-40(c) for when a … and central to this appeal. Plaintiff's June 27, 2019 complaint alleged a date of injury on July 5, 2018. Defendant answered the complaint and later moved to dismiss plaintiff's complaint …
- A-0159-20 Opinionnjcourts.gov… motion for summary judgment and dismissing his negligence complaint. We affirm. We briefly summarize the facts from … the fence to the ground below. According to plaintiff's complaint, defendants negligently failed to supervise him … was stranded on the fence. 2 In addition to Park Place, the complaint also lists various fictitiously named defendants. …
- A-1044-19 Opinionnjcourts.gov… following: an amended count of third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a)(l), 2C:20-3(a), and … Indictment No. 17-04-0469; second-degree conspiracy to commit burglary and second-degree possession of a controlled … No Early Release Act, N.J.S.A. 2C:43-7.2, for conspiracy to commit burglary concurrent to respective five-year terms for …
- A-3144-20 Opinionnjcourts.gov… finding that a plain reading of N.J.S.A. 2C:58- 3(c)(1) compels denial of the application. We reverse for the … (amended 2013), and sentenced to 12 months probation, community service, completion of a DHR risk reduction program, and an alcohol …
- A-3179-19 Opinionnjcourts.gov… is now the third time we have taken up this case. In his complaint, plaintiff asserts that, "under false pretenses," … in Lagos and lost his business opportunity. Plaintiff's complaint pleaded causes of action sounding in fraud, … of good faith and fair dealing, unjust enrichment, unfair competition, and conversion. Nearly two years ago, we …
- A-1210-20 Opinionnjcourts.gov… are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … to any special deference." Manalapan Realty, L.P. v. Twp. Comm. of Twp. of Manalapan, 140 N.J. 366, 378 (1995). We … could have re- rented the site for those months. Under common law, injured parties have a duty to "take reasonable …
- A-4857-18 Opinionnjcourts.gov… According to the plea form, the State agreed to recommend defendant receive 3 A-4857-18 539 days of gap time … (2) the deficient performance actually prejudiced the outcome of the proceedings. Strickland v. Washington, 466 U.S. …
- A-1126-19 Opinionnjcourts.gov… car. Around 4:00 in the morning, he drove past an active commercial railroad line and saw a car stuck on the railroad … Harden. Defendant argued the officer was not performing a community-caretaking function when he approached defendant's … on "active railroad tracks, so that mean[t] a train [could] come through and strike the vehicle at some point." He …
- A-4808-18 Opinionnjcourts.gov… of a third bench warrant. Although the PTI director recommended accepting defendant's application, in August 2018, … the charge. The plea agreement reflected the State would recommend a five-year probationary term, and restitution in … motives, age, past criminal record, standing in the community, and employment performance[.]'" Id. at 621 …
- A-0635-19T1 Opinionnjcourts.gov… (FRO) against C.K. The FRO generally prohibits C.K. from communicating with J.M. but allows him to communicate with her via text messages for matters … matter we address momentarily. We note that plaintiff points only to the catch-all denial at the end of …
- A-4697-18 Opinionnjcourts.gov… 2018 via certified mail. Wells Fargo filed and served its complaint on appellant shortly thereafter. At some point prior to Wells Fargo's summary judgment motion, the accompanying note was lost. In addition to the James … an assignment of the mortgage that predate[s] the original complaint confer[s] standing." Deutsche Bank Trust v. …
- A-4112-18 Opinionnjcourts.gov… charges would delay his eligibility to apply to end his community supervision for life (CSL), which had been imposed … if that person can establish that he or she "has not committed a crime for [fifteen] years since the last … Would Extend The Eligibility Period For Termination Of The Community Supervision For Life That Was Previously Imposed …