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… a self-insured premises owner. The premises owner was named as a co-defendant in plaintiff's negligence case against … UIM policy form. I. The underlying facts are uncomplicated and essentially undisputed. On November 15, … coverage corresponding to her settlement with Rite Aid. She points out that the UIM statute, N.J.S.A. 17:28-1.1, does …
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… and NEW GENERATION OF CONTRACTORS, LLC, Limited Liability Companies of the State of New Jersey, Plaintiffs-Appellants, … R. 1:36-3. 2 A-1952-16T4 In the course of litigation commenced by plaintiff Nader B. Ghatas against his business … we do not compel such a proceeding. In fact, it does not immediately appear to us that plaintiff disputes whether the …
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… acceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … 19, 2016, the prosecutor responded to the ACDM's recommendation and noted his office's agreement with her … and "[a]bsent evidence to the contrary, it is [to be] presumed that the prosecutor considered all relevant factors …
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… In the summer of 2007, plaintiff filed a divorce complaint. That July, defendant obtained a temporary … A-1103-16T2 the TRO, finding defendant's domestic violence complaint "frivolous." Before the divorce was finalized, the … should have held a plenary hearing as to defendant's claimed disability; in addition, plaintiff argues she should …
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… in Lincoln Park when a police officer, who had performed a routine vehicle registration check, learned that … defendant were not prosecuted. Defendant filed a motion to compel admission to PTI. The prosecutor's brief in … "The fourth degree offense that defendant is charged with committing . . . does not carry a presumption against …
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… nor intend beforehand to seize it. Third, it has to be "immediately apparent" to the police that the items in plain … we find just cause for the seizure of the bag, we part company with the motion judge and conclude the search of the … considered to be in plain view if it can be seized without compromising any interest in personal privacy. Because …
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… to the No Early Release Act, N.J.S.A. 2C:43-7.2. We affirmed defendant's conviction on direct appeal and remanded for … that the denial of a reasonable adjournment request compelled reversal. On this point, defendant urges us to … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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… Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, we affirmed defendant's conviction and sentence. State v. Webb, No. … counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … Judge Sheila A. Venable heard oral argument and issued a comprehensive written opinion denying the petition.1 The …
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… motion for a new trial. Defendant appealed and we affirmed his convictions and sentence in an unpublished opinion. … stating in those instances, in which prejudice is not presumed, defendant must satisfy both Strickland prongs). While … See State v. Preciose, 129 N.J. 451, 462-63 (1992). Affirmed. … STATE OF NEW JERSEY VS. R.L. (10-05-0834, MONMOUTH …
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… MARK KOSCINSKI, Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent. _____________________________ … and Vernoia. On appeal from the New Jersey Motor Vehicle Commission. Mark Koscinski, appellant pro se. Christopher S. … issues of fact, and identified the legal issues he deemed relevant to the proposed suspension of his license. On …
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… LLC (“ActionLink”). On June 3, 2015 LGEUS filed their complaint against ActionLink, claiming that the Defendant … to the above agreements. The three counts of LGEUS’s complaint are breach of contract, common-law fraud, and … or executed, but only later, as they were 6 being performed and the allegedly inflated invoices were subsequently …
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… his parental rights to these children before the trial commenced. The mother’s two oldest children are in the … at maintaining sobriety in the past despite successful completion of treatment programs; and (3) struggles with … to substances and her other parenting deficits cannot be remediated in the foreseeable future. When considering whether …
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… and remand for a new trial because defendant was not informed of his due process right to retain legal counsel, nor … prior acts of domestic violence. Plaintiff also amended her complaint on the day of trial to add the alleged predicate … order that is entered today or in the future it becomes a criminal matter prosecuted by the prosecutor's …
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… PER CURIAM While the parties were married, they filed cross-complaints alleging domestic violence against each other. … the entry of the FROs occurred on October 28, 2016. M.T., accompanied by his niece, went to the parties' marital home to … to -29(a)(6), to protect the victim from an immediate danger or to prevent further abuse." J.D., 207 N.J. …
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… under N.J.S.A. 48:2-82 only. R. 2:4-4(b)(2); see also Medcor, Inc. v. Finley, 179 N.J. Super. 142, 144-45 (App. … trial court may grant summary judgment only where legally competent evidence establishes that "there is no genuine … both the public from the risk of harm and the utility companies from unnecessary losses." Jersey Cent. Power & …
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… Did Not Have Probable Cause To Believe That [Defendant] Committed A Narcotics Offense Before They Discovered Drugs … in return, and placed the money in his pocket. After completing the exchange, the man left the area. Detective … warrantless search of his person and the area within his immediate grasp." Id. at 19. "The purpose of such a search is …
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… N.J.S.A. 2C:7-2(a), a provision in the Registration and Community Notification Law, N.J.S.A. 2C:7-1 to -11, also … as required by N.J.S.A. 2C:7-3. Third, defendant claimed plea counsel knew or should have known the factual basis … charging him with offenses pertaining to his failure to comply with Megan's Law misstated the predicate offense did …
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… of conspiring with co-defendant Alexander J. Hudson to commit burglary and burglary but convicted defendant of the … worth of various items were missing, including a laptop computer. She suspected the involvement of Hudson, who lived … by the State as a witness at trial, Hudson recanted and claimed defendant 3 A-5135-14T3 was not involved. The judge …
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… A-1798-15T2 2C:39-7(b). Defendant contends the trial judge committed reversible error by failing to instruct the jury … to the JOC for the certain persons charge and confirmed that the JOC would be given to the jury. The JOC … that defendant has poor character or a tendency to commit crimes, and therefore likely committed the present …
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… Plaintiffs-Appellants/ Cross-Respondents, v. LAKE WALLKILL COMMUNITY, INC., a Corporation of the State of New Jersey, … case involves a dispute between defendant Lake Wallkill Community, Inc. (the Community), a common interest … Community placed on their property. The Community cross-claimed, seeking a judgment for the delinquent dues and …