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… 26, 2019 Law Division order dismissing his second amended complaint against defendant Invacare Corporation pursuant to … action originally was filed, Invacare was not named in the complaint, which instead named five entities, and fictitious … and was granted leave to file and serve a second amended complaint naming Invacare as a defendant. The motion judge …
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… defendant, police foiled the plot before its purpose was accomplished. Id. at 4–5. We characterized the totality of the … of his co-defendants, Valdo Thompson, who pled guilty, as "compelling." Id. at 2. Defendant filed a timely PCR … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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… indictments against defendant for three separate crimes committed on different dates. On January 26, 2012, defendant … robbery, N.J.S.A. 2C:15-1; and first- degree conspiracy to commit robbery, N.J.S.A. 2C:5-1 and -2. On January 30, 2012, … N.J.S.A. 2C:39-4(d); and first-degree use of a minor to commit a criminal offense, N.J.S.A. 2C:24-9(a). 4 A-4116-18 …
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… were in 3 A-0200-19 jail together. He admitted he did not come forward with this information for almost a year, and … (count two); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C: 39-4.1 (count … 2018. On May 20, 2019, the PCR court issued an order and comprehensive written opinion denying the PCR petition …
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… the knife in connection with a late- night street robbery committed with five others — one brandishing a machete — of … did not threaten him with the knife, as he had the man's companions. Ibid. Following the merger of the weapons and … 422 (2017), because defendant was not a juvenile when he committed the robberies, although he was only eighteen years …
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… and Michael Anthony Mattessich, on the brief). Giblin, Combs, Schwartz, Cunningham & Scarpa, attorneys for … LLC's motion for summary judgment and dismissing their complaint because they did not file an affidavit of merit. … for a colonoscopy and endoscopy. After the procedure was completed, Sabrine awoke in a recovery room. She alleged …
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… contained in Judge Gelade's decision. We add the following comments. At the guardianship trial, the Division offered … Sara. She further opined that defendant may not fully comprehend the impact of his drug use on Sara, as he … easy" relationship. She testified Sara felt "at home" and comfortable with the resource parents and was doing 7 …
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… found to have posted on the Internet numerous disparaging comments about his employer, in violation of Judiciary … never "return" to his or her former employment. Such an outcome "would violate public policy, contravene the … this case, and governed by different statutes. However, a comparison of the statutes demonstrates that Cardinale's …
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… A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how … and two- family homes, (3) the variances were needed to accommodate the sloped topography 10 A-3067-18T2 and corner … passed muster under N.J.S.A. 40:55D-10(g). The remaining points raised on appeal lack sufficient merit to warrant …
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… court's factual and legal findings are not supported by the competent evidence in the record. I. We summarize the facts … time." Kyle was crying "slightly." Defendant attempted "to comfort" Kyle by "patting the baby on the back." When the … she "looked distressed." Defendant "didn't appear to be completely coherent" because "[s]he wasn't fully …
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… 7:14A-3.1(b)(3). The DEP is required to hold a hearing for comments 1 The RT Authority has appealed the final NJPDES … other permit holders. The report was then opened to public comment, and the DEP held a public hearing on the report on … (June 17, 2019). The RT Authority did not submit any comments on the FY 2019 annual fee report. On May 10, 2019, …
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… residential treatment facility in Massachusetts, regularly communicated and wanted a relationship with both her … because of his remarriage." In a report to the court, she recommended the appointment of a forensic psychologist … 2A:23C-4, the privilege against disclosure of mediation communications. A trial court has broad discretion in making …
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… is serving a life sentence for a gruesome homicide he committed in 1987. In the course of committing a residential burglary he encountered the victim, … and as an adult probationer and parolee. Defendant has committed multiple disciplinary infractions while …
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… 5 A-1723-18T1 application in abeyance pending the outcome of Tretsis' removal appeal. It also expressed concern … THE PENDING APPEAL OF HER REMOVAL BEFORE THE CIVIL SERVICE COMMISSION IS FULLY RESOLVED. A. THE BOARD MISINTERPRETED … benefits. The term "likewise" used in N.J.A.C. 17:1-6.2(d) points us to the section that precedes it. N.J.A.C. …
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… Exposition Authority [NJSEA] and the New Jersey Meadowlands Commission, "the two agencies with the common interest of promoting the economic growth of the … submitted on behalf of the NJSEA, the Attorney General points out the inconsistency of Hartz's position in this …
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… and LAURA BARTZ, Plaintiffs-Respondents, v. WEYERHAEUSER COMPANY, SCHAEFFER FAMILY HOMES, LLC, SCHAEFFER … Novack, on the brief). PER CURIAM Defendants Weyerhaeuser Company, Schaeffer Construction LLC, Schaeffer Family Homes … appeal the August 2, 2019 order that denied their motion to compel binding arbitration of the claims made by plaintiffs …
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… to "defendant" as Nabil Rizkalla. 3 A-5009-18T3 Plaintiff complained of lower back pain and was taken to a local … but declined because she has diabetes. No surgery was recommended. Plaintiff did not sustain any lost wages or other … a lack of candor in minimizing her condition. All other points raised on appeal lack sufficient merit to warrant …
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… FOR THE TIME HE SERVED IN CUSTODY PRIOR TO SENTENCING, COMBINED WITH HIS FAILURE TO EXPLAIN TO DEFENDANT THE … an Essex County indictment with first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) … was an adequate factual basis, and that the plea was made "freely and voluntarily," with a full understanding of "the …
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… APPELLATE DIVISION DOCKET NO. A-1910-18T1 1ST COLONIAL COMMUNITY BANK, Plaintiff-Respondent, v. TRACEY FARKAS, … as frivolous under N.J.S.A. 2A:15-59.1 and Rule 1:4-8 the complaint for NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … attorney to argue the motion for plaintiff, who then argued points of law not raised to the trial court prior to the …
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… demanded A.A. "give him everything he had." A.A. refused to comply and entered his vehicle in an attempt to leave. … (count one); causing the death of an individual during the commission of a robbery, N.J.S.A. 2C:11-3(a)(3) (count two); … charges. From this record, defendant presents the following points of argument for our consideration. I. THE TRIAL COURT …