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… a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … issue with [trial counsel] so that as you stand here . . . comfortable and confident that you've been provided with …
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… admitted that prior to the fall, she knew as a matter of "common sense" that muddy ground could be slippery and that she required no warning of that fact. Donahue filed a complaint in the Law Division alleging that Live Nation … have been aware, of the hazardous conditions created by the combination of the steeply sloped surface of the lawn area, …
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… the motion to intervene, finding appellants had failed to comply with the procedure for redemption established under … in the Township of Vernon. In June 2019, plaintiff filed a complaint to foreclose on the property owner's right to … On September 20, a representative of the title insurance company informed appellants' counsel of the issues regarding …
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… part of the order dismissing counts two and three of his complaint. We reverse and remand for further findings. I. On … breach of a payment guaranty; and unjust enrichment. In the complaint, plaintiff, whose name appears nowhere on either … 2 The recipient of funds under a promissory note is commonly referred to as "the maker" to represent that the …
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… for filing; and (2) granted his ex- wife's cross-motion to compel payments for funds owed to her under the parties' … The parties divorced in 2017 after plaintiff's divorce complaint was dismissed with prejudice, default was entered … the divorce proceedings, defendant had filed a third-party complaint naming Angela Suske, plaintiff's adult daughter …
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… the terms of the plea agreement, the State agreed to recommend a sentence not to exceed twenty years in prison, … defendant admitted that on November 12, 2013, while committing a theft at the YMCA in Vineland, he used a stun … N.J.S.A. 2C:44-1(a)(3) ("[t]he risk that the defendant will commit another offense"); N.J.S.A. 2C:44-1(a)(6) ("[t]he …
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… as the robber from a photo array. On July 21, 2019, a complaint warrant was issued for defendant's arrest. On … can end up in two directions. Right now, there's . . . a complaint there for robbery and weapons offenses, but no … Either you took something from somebody and, you know, you come up with a plan to give that 1 Miranda v. Arizona, 384 …
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… Foresight's services. The parties anticipated that project completion time was twelve months. The contract contained … Foresight as general contractor, due to its failure to complete the work. 3 A-2039-20 In August 2018, Foresight … not entitled to fees and costs. Foresight raises multiple points on appeal, contending the trial court erred by not: …
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… N.J.S.A. 2A:18-61.1(c). Two weeks later, the landlord commenced this suit for possession. After a one-day trial at … that 3 The first point of tenant's brief includes nine subpoints. To the extent we do not address some of his subpoints, it is because we find them without sufficient merit …
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… agreed to dismiss the remaining endangerment charge, and recommended sentencing defendant within the third-degree … not relevant here, defense counsel argued defendant had overcome the presumption of imprisonment, N.J.S.A. 2C:44-1(d), … that custodial sentence on condition that he successfully complete parole supervision for life; that he comply with …
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… suffered physical injuries. Plaintiffs thereafter filed a complaint in the Law Division alleging that Nancy's injuries … UCPA moved for summary judgment on all counts in the complaint, arguing that plaintiffs' claims were barred by the common law immunity from liability for injuries resulting …
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… with plaintiff to repair a section of a roof on a commercial building defendant owned. Plaintiff performed the … fees as permitted under the contract. In his answer to the complaint, defendant admitted he did not pay for the work. … and significant damage" to the building as well as to a commercial tenant's equipment and personal property. …
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… DAIRSOW, Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION, Respondent-Respondent. … and Mitterhoff. On appeal from the State Health Benefits Commission, Department of the Treasury. Richard M. … in January 2013. In addition to her own testimony, she points to her physician's assertion that appellant would not …
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… 217 N.J. at 552-53 (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). If the trial … or neglected child is a child whose parent or guardian: (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a …
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… defendant Rashad Exum guilty of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2a(1) and N.J.S.A. 2C:11-3a(1), … by a plea agreement "to save his own skin." Defendant also points out that, although the State's evidence placed him in … to prove beyond a reasonable doubt that he conspired to commit Pleasant's murder. We are unpersuaded. Rule 3:18-1 …
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… WORKSHOP, INC., Plaintiff-Appellant, v. MERCER INSURANCE COMPANY OF NEW JERSEY, INC., Defendant-Respondent. … summary judgment in favor of defendant Mercer Insurance Company of New Jersey. We affirm. I. Plaintiff operates a … and plaintiff alleged "a substantial loss of business and income" as a result. The record shows that while the business …
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… (NOI) to foreclose and thereafter filed a foreclosure complaint. Defendant and Mitchell did not contest the matter … judgment of foreclosure or alternatively, to dismiss the complaint because she contended plaintiff lacked 1 … the final judgment of foreclosure in order to amend the complaint and join an additional lienholder. The motion was …
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… [a] person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S. 39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he: 4 A-3210-20 … voluntarily, and intelligently or that it did not comport with Rule 3:9-2." After reviewing the transcript of …
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… to -35. She also appeals from the dismissal of her cross-complaint seeking an FRO against plaintiff. The parties' domestic violence cross-complaints were tried together. Neither party was … and rendered an oral decision, concluding that defendant committed the predicate act of harassment by engaging in a …
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… legal proceedings giving rise to this appeal. Defendant, comprised of the sole member and registered agent Edward … Court Clerk's Office in Trenton. Plaintiff filed an amended complaint on January 7, 2019, adding the State of New Jersey … charged with the responsibility to fashion equitable remedies that address the unique setting of each case . . . ." …