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… on the premises. Carolyn and her parents allege in their complaint in this civil action that, despite these … judge granted the motion by concluding the evidence did not support Carolyn's claim of a permanent injury as required by … us. Absent a demonstration that the amendment would be "futile" because it would, if permitted, "fail" on its merits …
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… out trash, picking up and dropping off clients at their homes, and putting gas in dealership vehicles. 1 For ease of … going home in the dealership car and he knew it was against company policy to do so. Chavez-Echeverry's home was five … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… denied knowledge of child pornography being downloaded on computers in the home. The detectives "zip-tied" defendant's … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … might fairly have concluded that it would have been futile to keep silent after having made a damning …
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… OFFICE ASSOCIATES, LLC, and PHILLIPS ASSET MANAGEMENT, COMPANY, INC., Defendants-Respondents. … that she (1) became nauseous and hysterical when she visited the cemetery and saw the neglect; (2) later became … Dr. Latimer, nor did she intend to seek treatment in the future. Plaintiff has not been prescribed any medications …
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… the lawsuit settled for $250,000. Botton received and deposited the settlement check into his attorney trust account … McGee, Zucaro, and their businesses unraveled, and McGee commenced an action against Zucaro that was 1 This check was … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … of his right to a fair trial. All persons accused of crimes are guaranteed the right to a fair trial. U.S. Const. …
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… of Williams. Williams testified she never had back complaints prior to the January 2010 incident. She also … is limited. In re Stallworth, 208 N.J. 182, 194 (2011); Messick v. Bd. of Review, 420 N.J. Super. 321, 324 (App. … it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
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… turned around, pulled out a gun, and shot Paul six times in the head, chest, and torso. Defendant alleged he … In his petition, defendant asserted: (1) trial counsel completely failed to object to the judge's erroneous charge … Defendant also submitted two certifications of his own in support of his petition. He stated his trial attorney failed …
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… 23, 2018 order. Plaintiff John Giovanni Granata filed a complaint against Prudential Insurance Company of America … judgment was entered on August 23, 2010. Gourvitz is a lien creditor. On September 9, 2011, a consent judgment was … court, Gourvitz relies on various equitable doctrines in support of its waiver argument, including collateral, …
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… purportedly attached to a brief he filed in May 2014 in support of a motion to withdraw his plea, the certification … concluded defendant put forth no "meaningful argument" to refute that he "waited almost 3 years to file this PCR after … defendant provided no proof the prosecutor would have recommended him for PTI, rendering his claim no better than a …
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… (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … receiving early rehabilitative services expected to deter future criminal behavior." State v. Nwobu, 139 N.J. 236, 240 … It is not the prior DUI convictions that are being revisited or enhanced with an additional penalty. Instead, the …
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… IN THE MATTER OF THE GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF VILLAGE SUNDRIES & TOBACCO, INC., d/b/a VILLAGE … from the Chancery Division's March 18, 2015 order allowing commissions to Village's assignee, Barry W. Frost, and … objection" that lacked reference to specific case law and supporting certifications. The judge also found that due to …
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… v. ATLANTICARE REGIONAL MEDICAL CENTER, JAMES LOWE, M.D., JOSEPH ZERBO, D.O., SCOTT URBAN, D.O. and … of the spinal surgery. On June 17, 2009, plaintiff filed a complaint alleging medical malpractice against Zerbo, Lowe, … scheduling conflict, but we are not convinced the record supports a determination that plaintiff's adjournment …
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… Due to the fire and the ensuing loss of monthly rental income, defendant states he was unable to continue mortgage … THAT HE DID NOT UNDERSTAND THE LETTER OF ENGAGEMENT IS NOT SUPPORTED BY THE FACTS. POINT II THE DECISION OF THE COURT … the questions involved, and 12 A-4668-14T3 the skill requisite to perform the legal service properly; (2) the …
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… Judy Doe,1 by and through her mother, Mother Doe, filed a complaint against Saker ShopRites, Inc. (ShopRite) and … R. 4:46-2(c), can be summarized as follows. 1 Fictitious names and initials are used to protect the privacy of the … or negligent. She contends there was adequate evidence to support her claim of negligent retention because ShopRite …
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… 101 (2016). They are upheld "so long as those findings are supported by sufficient credible evidence in the record." … based on some knowledge, not a guess. Moreover, the comment followed a discussion with Ganci regarding Ganci's … specifically to address "unreasonable intrusions when it comes to suspicionless consent searches following valid motor …
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… (2017). A prosecutor may argue in favor of one sentence recommendation or another, but the judge need not accept that … . . . must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon . . . … 10 A-4163-15T2 prosecutor pointed the gun while she was refuting defendant's contention that the gun wasn't loaded: …
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… defendants were found guilty of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2; first-degree armed … was made on only "one loci to the strand[.]" Defendants posited that advancements in DNA testing since the time of the … was made on only "one loci to the strand[.]" The unrefuted expert evidence confirmed that, unlike the minor DNA …
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… DIVISION DOCKET NO. A-2998-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H., SVP-731-15. ___________________________ … A.H.'s involuntary commitment under the SVPA. Judge James F. Mulvihill conducted a two-day commitment hearing at … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2016-8827. Melissa Bialos … legal determinations . . . unless they are 'manifestly unsupported by or inconsistent with competent relevant and … 6:35 a.m., on Monday, February 1, 2016. That text message, as well as those sent to Perez on February 2, 3 and …