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… JERSEY APPELLATE DIVISION DOCKET NO. A-2664-17T2 CHARLES L. DIETZEK, D.O., FACOS, PC d/b/a VEIN AND VASCULAR INSTITUTE, … Mark P. Asselta, on the briefs). PER CURIAM In this commercial landlord-tenant case, the Landlord (defendant) … 1 In its Notice of Appeal (NOA), defendant identified only one order dated January 5, 2018. In its Case Information …
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… Cherry Hill Triplex. Because the trial court failed to comply with the requirements of Rule 1:7- 4(a), we vacate the order dismissing plaintiffs' complaint and remand the matter to the trial court for … complaint, the trial court should treat the motion as one for summary judgment and require the parties to comply …
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… CURIAM Plaintiff American Express Centurion Bank filed a complaint alleging defendant Salvatore Mastropole breached a … amount due as indicated on his monthly statements (count one), seeking payment due on the NOT FOR PUBLICATION WITHOUT … v. Bruck, 190 N.J. Super. 118, 124 (App. Div.) (quoting Honeywell v. Bubb, 130 N.J. Super. 130, 136 (App. Div. 1974), …
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… Submitted May 23, 2017 – Decided Before Judges Fisher and Leone. On appeal from the Superior Court of New Jersey, Law … PER CURIAM Plaintiff Portfolio Recovery Associates, LLC, commenced this special civil part action, claiming defendant … judgment did not assert defendant was actually in default. One of the supporting affidavits, however, includes …
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… for the reasons stated in Judge Joseph L. Foster's comprehensive written opinion issued on August 25, 2016. The … failed a drug test for cocaine shortly before the trial commenced, and he was discharged from his most recent drug … was Not Supported by Sufficient Credible Evidence. Prongs One & Two: DCPP Failed to Demonstrate by Clear and …
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… cases is limited. R. 1:36-3. November 1, 2017 2 A-3170-15T3 complaint against ECV's owner, defendant Lawrence Non-Profit … to the parties' arguments and then state a conclusion. Nonetheless, we do not order a remand because the interests … to pay the arrears and the landlord refused to accept the money. Nor is there any evidence that the landlord refrained …
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… by a preponderance of the evidence that the defendant committed one of the predicate acts referenced in N.J.S.A. 2C:25- …
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… violating a condition of his special sentence of Community Supervision for Life (CSL), in violation of … defendant to a term of three years of probation, conditioned on serving 364 days in the county jail, compliance with … On February 18, 2015, a grand jury charged defendant with one count of third-degree violation of the conditions of his …
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… April 25, 2017 – Decided Before Judges Fisher and Leone. On appeal from the Superior Court of New Jersey, … terms of that modification agreement. In 2014, plaintiff commenced this action to foreclose on the Sea Bright … standing to foreclose has no merit for many reasons but none more persuasive than the fact that defendant entered …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-5242-15T1 ROBIN CARBONE, Appellant, v. BOARD OF REVIEW and MERIDIAN HOSPITALS … In this appeal, we consider whether appellant Robin Carbone's actions in inaccurately reporting time she claimed to … of benefits, misuse of sick time, abuse of leave, theft of company property," and other 1 In Self v. Bd. of Review, 91 …
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… Submitted September 20, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior Court of New … monetary sanctions upon her for her repeated failure to comply with previous orders of the court. We affirm. NOT FOR … child, with defendant being designated as the parent of primary residence. Because plaintiff thereafter demonstrated …
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… an aggregate mandatory minimum term of eighty-two and one-half years. Acknowledging the crimes were "horrific," … the degrees of the crime be provided to the jury. The judge complied with the defense 3 A-3317-14T4 request to include … and upon adoption by the court take his chance on the outcome of the trial, and, if unfavorable, then condemn the …
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… DOCKET NO. A-0577-19 TYQUAN GIBBS, a/k/a TWAIN ALBERCOMBIE, TYWAIN ALBERCROMBIE, TYWAN ALBROCOMBIE, MASON BETHA, … the forehead, bruise to the right eye, and missing tooth. One of the officers in the yard at the time heard another … recreation yard. In addition, a review of the inmate telephone system revealed Gibbs called a female and told her he …
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… Albert's Will, which granted plaintiff a life estate in one of the two units on the Ridgefield property, was offered into probate, his two surviving adult children commenced suit, alleging plaintiff unduly influenced the … to seek nothing further because she chose to go it alone, nor was the agreement void or voidable due to the …
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… Defendant raises the following issue on appeal: POINT ONE THE FAILURE OF SENTENCING COUNSEL TO ARGUE THAT … in his thorough written opinion and add the following comments. In order to establish a prima facie claim of ineffective assistance of counsel, a …
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… On appeal, defendant raises the following points: POINT ONE - THE PROSECUTION WITHHELD IMPORTANT BRADY[1] MATERIAL … PROBABILITY OF A DIFFERENT TRIAL RESULT, THEREFORE PETITIONER WAS DENIED HIS FIFTH AND FOURTEENTH AMENDMENT RIGHTS TO … DISCOVERED EVIDENCE AND FOR POST-CONVICTION RELIEF, AND COMPOUNDED ITS ERROR IN DENYING THE MOTION FOR …
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… Kelley denied the motion on February 6, 2018. In a succinct one-paragraph letter opinion, the judge found defendant's … was consistent with N.J.S.A. 2C:11-3(b)(1). The judge reasoned, "the statute does include 'life imprisonment' as a … serve [thirty] years before being eligible for parole." The comment following adds: "[m]urder has always been a crime of …
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… (quoting R. 3:21-10(b)(5)). "[A]n illegal sentence is one that 'exceeds the maximum penalty provided in the Code …
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… respondent. PER CURIAM Plaintiff Maurice Oparaji filed a complaint in the trial court against defendant Innovate 1 … with prejudice. R. 4:23-5(a)(2). Defendant initiated step one, and the order dismissing the complaint without … prejudice was entered after the remand, it cannot stand alone. Because the trial court was without jurisdiction to …
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… The remaining charges were dismissed and the State recommended defendant be sentenced to a two-year term of … on May 22, 2018 in a thorough and comprehensive thirty-one page written opinion. The judge carefully considered … HEARING BECAUSE MR. 4 A-5912-17T4 PHAM ESTABLISHED A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF COUNSEL AND AN …