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… action. In September 2014, plaintiff filed an amended complaint addressing the May 2007 modification agreement. Defendants did not accept service of the amended complaint and the judge entered default. Although the judge … plaintiff's motion for summary judgment and issued a comprehensive twenty-six page written opinion in which the …
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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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… cross-motion on the papers. In the statement of reasons accompanying the May 27, 2016 order, the court acknowledged … as written, absent a demonstration of fraud or other compelling circumstances." The court rejected plaintiff's … Nevertheless, "the court must discern and implement 'the common intention of the parties' and 'enforce [the mutual …
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… 20, 2017 2 A-2272-16T1 Chunawala (collectively defendants) compelling arbitration of plaintiff's employment … discrimination claims and dismissing her Law Division complaint without prejudice. We affirm. The following facts … penis to a fellow co-worker, and that the incident became common knowledge throughout the workplace. Plaintiff asserts …
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… he had to quickly return upstairs when defendant caused a commotion in the kitchen. Sergeant Greenberg and the other … warrant, it is presumptively invalid; 6 A-4242-15T2 to overcome this presumption, the State must show the search falls …
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… 3, 2013, plaintiff Francine Gudin filed a one- count complaint against 6108 Hudson Avenue, LLC, and David … accruing from October 19, 2007. Plaintiff filed an amended complaint on October 10, 2014, adding two counts against … LLC, and David Hepperle filed an answer to plaintiff's complaint, which included a third-party complaint against …
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… brief). PER CURIAM N.J.S.A. 2C:39-5(j) provides that the commission of certain weapons offenses by a person who has a … to NERA, and NERA was enacted in 1997. Moreover, defendant points out that NERA first listed specific crimes, such as … c. 113, § 1. Cannel, New Jersey Criminal Code Annotated, comment 1 on N.J.S.A. 2C:39-5 (2017). The statement …
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… Approximately two months later, defendant received a complaint for divorce forwarded by plaintiff's counsel. Four … and (f), and set aside the MSA. Defendant, however, points out that the motion 4 A-1543-15T4 was filed within … not obtain legal counsel to review the MSA and the divorce complaint. On appeal, defendant argues that the MSA should …
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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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… any legal action against defendant as long as she was in compliance with the agreement. Although the agreement stated … did not allow loan modifications. Plaintiff filed its complaint for foreclosure in April 2014. Defendant contested … He also stated that defendant's account was in default commencing with the monthly payment due on July 1, 2012. The …
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… was sentenced to parole supervision for life, ordered to comply with Megan's Law1 and to a five-year term of parole … [to], or how their testimony would have affected the outcome." Defendant's PCR petition did not provide evidence … 6). Officers reported to the scene of the accident, which commenced an 2 We rely on our earlier opinion and relate …
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… proceedings on May 29, 2009, by filing a foreclosure complaint, and default judgment was entered on October 26, … a trial judge's application or denial of equitable remedies should not be disturbed "unless it can be shown that … the court's broad discretion to employ equitable remedies, this power should be "sparingly exercised" and "a sale …
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… L. JENNINGS, Defendant, and ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. … Lomurro argued the cause for appellants (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Mr. Lomurro, of … Id. at 97-98. Because they present mirror images of remedies designed to cure the same ill – a damages verdict that …
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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 … The trial judge postponed sentencing pending the successful completion of PTI. The judge then stated, "[S]he will …
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… and ERNESTO LUCA, Plaintiffs-Appellants, v. GEICO INDEMNITY COMPANY, Defendant-Respondent. … Dr. Korn also made note of the fact radiologic studies revealed plaintiff had disc bulges on her lumbar and cervical spines, and nerve function studies revealed she had left carpal tunnel syndrome. Dr. Korn …
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… as a third-degree crime. The prosecutor agreed to recommend a three-year sentence subject to the No Early … Yes [By Defense Counsel]: Q Okay. So how do you plead to committing a second-degree aggravated assault to be … her guilty plea. A motion to withdraw a guilty plea is committed to the judge's sound discretion. Slater, supra, …
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… possession of his signed written consent form to search his computer and camera that did not check the box waiving his … of him "a consent form to search his house for . . . a computer and a camera." Defendant asserted that he signed … waiving his right to be present during the search of the computer and camera, and that police assured him that he …
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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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… is limited. R.1:36-3. 2 A-4527-14T1 ROCHDALE INSURANCE COMPANY, Third-Party Defendant. … 29, 2015 summary judgment dismissal of their negligence complaint against defendant AJM Contractors (AJM). We … N.J. at 540. "[W]here the party opposing summary judgment points only to disputed issues of fact that are 'of an …
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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 … neutral magistrate who issued it. Officers are expected to comply with the terms of a warrant. But in this case, the …