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… Losada appeal from the Law Division's dismissal of their complaint on summary judgment entered in favor of defendant, … to -11. The motion judge agreed and dismissed plaintiffs' complaint. On appeal, plaintiffs contend that the judge … N.J. 189, 199 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Whether an …
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… Realty Trust (Brandywine), dismissing plaintiffs' complaint with prejudice. Defendants owned and operated the … and property where Cynthia1 was employed. Plaintiffs' complaint sought damages for injuries Cynthia sustained when … 9 A-4791-15T4 behalf should have observed and remedied the condition. Plaintiffs provided weather reports …
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… see also Pressler & Verniero, Current N.J. Court Rules, comment 5 on R. 2:6-2 (2017) ("It is, of course, clear that … years, the Division attempted to assist defendants in overcoming the conditions that led it to remove their children. … review convinces us the trial judge's findings are amply supported by the trial testimony. Defendants never managed …
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… child's death. As part of the plea agreement, the State recommended a fifteen-year prison sentence, with eighty-five … 2C:43—7.2, followed by five years of parole supervision. By comparison, the statutory maximum sentence for first-degree … claim because much of the mitigating evidence that support[ed] her argument . . . was not presented to the …
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… 28, 2016 adjudication of delinquency for behavior which, if committed by an adult, would constitute fourth-degree … this case does not contain sufficient credible evidence to support the trial court's determinations. J.F. points out that he made no statements incriminating himself …
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… responsible for the shipping costs, and there are no facts supporting an equitable estoppel. I. This appeal arises out … and Selective Transportation Corporation (Selective), are common carriers that transport goods. Empire and Sun are … three shipments for Sun. Each shipment was 3 A-3820-16T2 accompanied by a bill of lading issued by Empire and Sun. None …
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… accepted the prosecutor's argument that the doctrine of completeness warranted playing the video in full. The judge … questions or statements by the detectives that included comments or opinions relating to the credibility of [the … credibility of the [d]efendant. You're not to give those comments any weight. Determining the credibility of …
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… op. at 13. Defendant filed a pro se petition for PCR and supporting certification. In his certification, defendant … that his counsel acted outside the range of professional competence." Defendant appeals, arguing: POINT I: MR. MOODY … discretion of trial counsel. See Fritz, 105 N.J. at 54 ("complaints 'merely of matters of trial strategy' will not …
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… JoAnn Chesimard after they relieved him following the completion of his shift. The Division denied the request … at any time before the member's retirement allowance becomes due and payable by sending a written request signed by … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, 192 …
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… point for our consideration: THE STATE FAILED TO PRESENT COMPETENT EVIDENCE TO CORROBORATE ITS CLAIM THAT THE WIRETAP … WITH "DRUG CODE." WITHOUT THIS MISSING LINK, THE COURT COMMITTED REVERSIBLE ERROR IN FINDING THAT POLICE HAD … which justified the stop of his motor vehicle." To support his decision, the judge relied "on the information …
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… an arrest warrant, which charged an offense that was not committed in that municipality. Defendant further contends … On June 28, 2007, a Hackensack detective applied for a complaint-warrant (CDR-2),5 which states: By certification … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
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… APPELLATE DIVISION DOCKET NOS. A-2979-16T4 A-3659-16T4 EDIE BRITMAN, Plaintiff-Appellant, v. FRANK SAURO, … cover the children's cost of attending college was properly supported by the record, well within the court's authority, … to pay to replenish the Trust represented 7.25% of their combined incomes of approximately $827,000 during 2012 …
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… The charges stemmed from a sexual offense defendant committed against his granddaughter in November 2009. At the … he "was incompetent to provide a factual basis to support a guilty plea." On December 1, 2017, following oral … nothing in the record to 6 A-2644-17T3 show that "expediency overtook vigilance," as defendant asserted. On the …
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… L. JENNINGS, Defendant, and ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. … Id. at 97-98. Because they present mirror images of remedies designed to cure the same ill – a damages verdict that … remitting the award to the highest figure that could be supported by the evidence is the most analytically solid …
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… is limited. R.1:36-3. 2 A-4527-14T1 ROCHDALE INSURANCE COMPANY, Third-Party Defendant. … N.J. at 540. "[W]here the party opposing summary judgment points only to disputed issues of fact that are 'of an … a claim may not be satisfied by an expert opinion that is unsupported by the factual record or by an expert's …
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… he was handcuffed in the kitchen until the search was completed. He denied hearing the officers knock or announce … possession of a firearm in 5 A-1822-15T2 the course of committing a CDS offense, N.J.S.A. 2C:39-4.1(a) (count … 101 (2016). They are upheld "so long as those findings are supported by sufficient credible evidence in the record." …
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… a ShopRite store in Hanover Township, to prevent local competition.1 We need not 1 The appeals were calendared … Esposito appeals from a March 8, 2016 order, dismissing her complaint seeking declaratory and injunctive relief against … Township Planning Board (Board) and Hanover. Central to her complaint was her claim that the Board conditioned its …
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… there, he was met by other officers, who 3 A-0692-15T4 accompanied him to Room 21. Officer Bachman testified that he … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … principles. We assume that the police routinely respond to complaints of 7 A-0692-15T4 criminal conduct by proceeding …
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… INC., MARIE SCHLATTER AGENCY, INC., and FARMERS INSURANCE COMPANY OF FLEMINGTON, Defendants. … we affirm. Because the court dismissed plaintiff's complaint as a matter of law, we will review the matter de … a mixed- use building consisting of four apartments and one commercial 3 A-2357-15T1 unit, owned by defendant Thomas …
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… appeals from the September 28, 2015 decision of the Commissioner of the Department of Education (Commissioner), adopting the order of the Office of … there is substantial credible evidence in the record to support the factual findings upon which the agency acted; …