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… only when: a defendant establishes a prima facie case in support of PCR; the court determines there are disputed … a prima facie case of IAC, a defendant must present legally competent evidence rather than mere "bald assertions." … 126 N.J. at 587 (internal quotations omitted)). "Absent compelling, extenuating circumstances, the burden to justify …
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… 1 LC CONSTRUCTION COMPANY, INC., Plaintiff/Counterclaim Defendant, v. … motion for leave to amend its Counterclaim and Third-Party Complaint pursuant to Rule 4:9-1. The motion is strenuously … opposed by Plaintiff/Counter Defendant, LC Construction Company, Inc. (“LC Construction”) and Third-Party …
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… This matter comes before the Court by way of Plaintiff’s Motion for … and Sherman Avenue Hospitality Inc. That agreement was accompanied by several more, including Mr. Deiner’s agreement … order to determine whether there was sufficient evidence to support the claims alleged in the Plaintiffs’ complaint. The …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … BACKGROUND AND NATURE OF MOTION The complaint in this matter was filed on May 26, 2015. The … part, that when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not …
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… APPELLATE DIVISION DOCKET NO. A-1845-09T2 IFA INSURANCE COMPANY, Plaintiff-Respondent, v. AMERICAN TRUCKING & TRANSPORTATION INSURANCE COMPANY, Defendant-Appellant. … counsel for American Trucking if she was aware of any legal support for her position that N.J.S.A. 39:6A-9.1 "requires a …
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… 1 NOT TO BE PUBLISHED WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … HON. EDWARD A. JEREJIAN, P.J.Ch. This matter comes before the Court by way of notice of motion for … or failed to appreciate the significance of probative, competent evidence.” Dover-Chester Assocs. v. Randolph Twp., …
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… the agreement on behalf of MCP. Although plaintiff had completed 99% of the work required under the contract and … broad powers, N.J.S.A. 2A:23B–15, and "extends judicial support to the arbitration process subject only to limited … arbitration contract, which is to provide an effective, expedient, and fair resolution of disputes[.]" Fawzy v. Fawzy, …
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… then the payments under the note would accelerate and become due. The stock purchase agreement also contained notice … or have it declared void ab initio. In his certification in support of KAP's motion, Pascarella claimed that, because … the parties. The court further found that KAP had not complied with any of the notice provisions in the note and …
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… of defendant Hainesport Industrial Railroad, dismissing its complaint for money due on a contract between them. Plaintiff's complaint asserted causes of action based upon a book … Because the record contains sufficient evidence to support the judge's conclusion, we cannot agree with …
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… DOCKET NO. A-5218-11T4 YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. (a Delaware Corporation), … Chem Dry is in the business of cleaning residential and commercial carpets and upholstery. Much of Chem Dry's … We add only the following brief comments. We find no support in the record for defendants' claim that Yellow Book …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … hedgerows, wetlands, -4- and/or irrigation ponds that are supportive and subordinate or reasonably required for the … taxing 1 For each acre above five, there is an additional income requirement of $5 per acre for agricultural or …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS January 27, 2023 Via Email and Regular … to tax. She seeks a refund of approximately $10,000. In support of its motion to dismiss plaintiff’s complaint for … to defendant’s summary judgment motion, plaintiff points out that the exhibits to the Hepp certification, …
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… in other cases is limited. R. 1:36-3. 2 A-0785-21 In this commercial landlord-tenant case, defendant Drosos Lorenzo & … and that substantial, credible evidence in the record supported the court's findings that plaintiff was the owner … without prejudice to defendant's pursuing whatever remedies may be available to it in the Law Division, subject to …
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… We are satisfied that the evidence the judge found credible supported the issuance of the FRO. Judge Marino properly … in her oral and written decisions. We provide the following comments to amplify our decision solely as to defendant's … due process arguments on that basis alone, for purposes of completeness we consider and reject them on the merits. "Due …
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… Ocean County, Docket No. FV-15-0057-22. Tonacchio, Spina & Compitello, attorneys for appellant (Joseph Compitello, on the briefs). DeNoia, Tambasco & Germann, … and were still living together when plaintiff filed a complaint and obtained a temporary restraining order (TRO) …
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… finding of guilt and imposition of sanctions for Brining's commission of prohibited act *.803/*.002, by attempting, … Brining's guilty plea, the DHO found Brining guilty. In support, the DHO stated Taylor reported that Brining "made … at 203 (citing McDonald, 139 N.J. at 202). As the DOC points out, Brining never raised any of the issues presented …
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… plaintiff developed an interest in renting defendant's commercial property in Elizabeth to open a restaurant … of Elizabeth for its approval until July 2012, after he had commenced demolition of an addition to the building, with … expiration of the lease in February 2017, defendant filed a complaint to remove plaintiff from the property. A year …
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… denied defendant's petition for reasons stated in an accompanying written opinion. The judge found that the motion … from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Thus, "[t]he … illegal. D.D.M., 140 N.J. at 95. The arguments presented in support of defendant's PCR petition did not include a claim …
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… by a jury drawn from a representative cross-section of the community." State v. Gilmore, 103 N.J. 508, 524 (1986). … by a jury drawn from a representative cross-section of the community' but also helps achieve impartiality." State v. … without defendant being 8 A-0105-20 present "represented a complete breakdown of the adversarial process." Byrd, 198 …
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… v. NANDANA LLC, SHIVAJI LIMITED LIABILITY COMPANY, HARIVENKATESH RADHAKRISHNAN, SARAVANAN THANGARAJU, … fees, subject to its filing a conforming motion and supporting documentation pursuant to Rule 4:42-9(b). … reduced. This appeal follows. Although defendant's brief points are not a model of clarity, we glean he seeks to …