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… In a thorough written opinion, the Law Division judge reasoned that plaintiff failed to satisfy the elements of … The judge entered an order dismissing plaintiff's complaint and this appeal followed. Before us, plaintiff … 578–79 (2008).] "Th[e]se requirements are accretive; if one or more of the elements is not satisfied, a plaintiff's …
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… NOT TO BE PUBLISHED WITHOUT APPROVAL FROM THE COMMITTEE ON OPINIONS JAY ADONI, Plaintiff, v. STANLEY … dealing. "The essence of a fiduciary relationship is that one party places trust and confidence in another who is in a dominant or superior position." F.G. v. MacDonell, 150 N.J. 550, 563 (1997). “Except as otherwise …
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… officer 's finding of guilt and imposition of sanctions for committing institutional infraction *.004,1 fighting with … at East Jersey State Prison. He heard yelling coming from one of the prison tiers and responded to the noise. Upon … Bd., 347 N.J. Super. 544, 563 (App. Div. 2002) (citing Barone v. Dep't of Human Servs., Div. of Med. Asst., 210 N.J. …
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… aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (count one); two counts of second-degree sexual assault, N.J.S.A. … In his PCR petition, defendant claims he could not have committed the offense to which he pled guilty because he is … support of his PCR petition was included in an appendix to one of his initial briefs and the appendix that was rejected …
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… (NJDOC) upholding a hearing officer's finding that she committed prohibited acts *.803/*.002, "attempting to … of smell, or anosmia, is the main neurological symptom and one of the earliet and most commonly reported indicators of … escort, appellant became agitated and belligerent and questioned the basis for her medical assessment. Upon arrival at …
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… plea, the parties had not reached an agreement on the recommended length of the sentence. The State sought a … Because defendant's petition for PCR did not contain "one iota of documentation" supporting a diminished capacity … each of these factors, Judge Jimenez concluded that none of them were applicable and, therefore, defendant's …
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… Ocean County, Docket No. FV-15-0057-22. Tonacchio, Spina & Compitello, attorneys for appellant (Joseph Compitello, on … of an alleged bite mark defendant inflicted on her during one of these incidents. 3 A-1175-21 The events of July 2021 … proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. …
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… for the reasons expressed by Judge Linda Grasso Jones in her well-reasoned and thoughtful opinion. On July 19, 2018, Carol1 was … The next day, she fell while attempting to use the commode, striking the back of her head. Three days later, …
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… jury charged defendant with first- degree conspiracy to commit murder or attempted murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3a(1) (count one); first-degree murder, N.J.S.A. 2C:11-3a(1)(2) (count … plea assisted the State in obtaining a guilty plea from one of the co-defendants. On the same day, the court entered …
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… we affirm. The facts and procedural history are not complicated. In May 2018, defendant obtained a $50,000 loan … default. Should . . . [d]efendant default in tendering any one payment, for a period of 5 days, judgment will be … agreement. Defendant strains to create an ambiguity where none exists. A court's task is not to "torture the language …
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… responded to the motor vehicle accident and observed that one of the vehicles involved in the accident, a Ford, was … caused the Ford to veer left, overturn, strike a tree, and come to rest on the lawn of a nearby residence. Blanchard is … Albino observed the truck defendant identified as the one obstructing his vision and determined it was parked …
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… APPELLATE DIVISION DOCKET NO. A-0794-21 MARLENE CARIDE, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, … Ashleigh B. Shelton, on the brief). PER CURIAM The Commissioner of the New Jersey Department of Banking and Insurance …
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… Johnson's motion for summary judgment and dismissing her complaint with prejudice. We affirm. I. Defendant owns a … 82, 97 (App. Div. 1997) (holding that a two-family home, one unit of which was owner-occupied and the 7 A-2309-21 … to a tenant, was "unquestionably residential in use"); Avallone v. Mortimer, 252 N.J. Super. 434, 438 (App. Div. 1991) …
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… DIVISION DOCKET NO. A-1037-22 MARGARETE HYER, Petitioner-Appellant, v. TEACHERS' PENSION AND ANNUITY FUND, … cases is limited. R. 1:36-3. 2 A-1037-22 PER CURIAM Petitioner Margarete Hyer appeals from the October 17, 2022 final … and fumes from glue guns, markers, paints and acrylics. She complained to the principal and vice principal "repeatedly." …
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… Public Defender, of counsel and on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … A probation officer reviewed defendant's application and recommended enrollment. The Middlesex County Prosecutor's … With Respect to Offenses Committed by Out-of-State Visitors From States Where Their Gun Possession Conduct …
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… April 14, 2023 order granting the joint motion to compel arbitration filed by plaintiff/third-party defendants … that they own the . . . debts on which they sue, whether one characterizes it as standing to sue or an essential … under such an agreement, shall on application of one of the parties stay the trial of the action until such …
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… secured by plaintiff's residence. Because plaintiff's complaint was filed within the six-year statutory time … motion and denying defendant's cross-motion. The judge reasoned defendant "entered into the credit agreement, received … for such a presentation is available . . . .")). Nonetheless, we have 5 A-1708-22 considered defendant's …
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… and defendant had a dating relationship and have a child in common. On April 25, 2021, defendant and the child had a … re Return of Weapons to J.W.D., 149 N.J. 108, 117 (1997)). Nonetheless, family "judges are under a duty to make findings … proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. …
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… of Termination, advising defendant would pay for work completed prior to termination. Litigation ensued. On August … of $115,650 from defendant. Defendant issued two checks—one check numbered 1425 was returned for insufficient funds— only one check cleared. Plaintiff's bank produced a record …
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… defendant barely mentions that order or the trial court's comprehensive twenty-nine page written decision setting … In June 2019, defendant filed a pro se petition for PCR. In one of the point headings for this submission, defendant stated: PETITIONER CONTENDS THAT HE WAS DENIED EFFECTIVE ASSISTANCE OF …