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… his summary judgment motion; sua sponte dismissing his complaint with prejudice; and rejecting his recusal request. … by another as a partner, in a partnership or with one or more persons not partners, the purported partner is … to be a partner in an existing partnership, or with one or more persons not partners, the purported partner is …
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… review of the legality of a sentence is de novo. State v. Jones, 478 N.J. Super. 532, 541 (App. Div. 2024). "There is … sentence; 'it may be corrected at any time before it is completed.'" Id. at 540 (quoting State v. Murray, 162 N.J. … constrained to remand to the trial court for resentencing. Jones, 478 N.J. Super. at 541. II. Swint raises two issues on …
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… appellate counsel failed to argue that the trial judge committed reversible error by denying trial counsel's … claims are barred under Rule 3:22-3 and -4. The PCR court, nonetheless, addressed the merits of defendant's "new claims" … "[I]n order to establish a prima facie claim, a petitioner must do more than make bald assertions that [she] was …
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… MICHAEL MARIGLIANO, JR., Defendants, and GEICO INDEMNITY COMPANY,1 Defendant-Respondent. Argued October 4, 2023 – … $100,000 of UIM coverage. Ibid. The plaintiff settled with one tortfeasor for its $100,000 bodily injury policy limits … at 400. The setoff requirement remains applicable even if one of the tortfeasors is underinsured. See id. at 398. This …
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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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… are "so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … proven, by a preponderance of the credible evidence, that one or more of the predicate acts set forth in N.J.S.A. … another," he or she: (a) "[m]akes, or causes to be made, one or more communications anonymously or at extremely …
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… DIVISION DOCKET NO. A-1238-22 IN THE MATTER OF THE CIVIL COMMITMENT OF J.P.1 Argued February 14, 2024 – Decided May … and received inpatient psychiatric care for approximately one month. In August, he was admitted to Capital Health for … he did not take his medication, he "would go back to square one"; however, he felt his condition had not improved with …
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… was trial strategy or deficient performance under prong one of Strickland/Fritz.2 [Id. at 10.] Further, we noted: … limited to announcing to the jury that the defendant ha[d] committed an offense that satisfie[d] the statutory … trial counsel's testimony was credible: because she was honest about the deficiencies in her recollection, but to the …
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… APPELLATE DIVISION DOCKET NO. A-1183-17T4 R.A., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH … (CWA). The agency concluded that the CWA was unable to complete its eligibility determination because of R.A.'s … representative, C.A., filed R.A.'s Medicaid application. One month later, the CWA advised C.A. that the application …
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… Antoinette Marra and denying their motion to dismiss the complaint. We reverse. The relevant facts are as follows. On … a late notice of tort claim.1 The motion was filed four and one- half months after the deadline for timely filing a … "broad but not absolute immunity for all public entities." Jones v. Morey's Pier, Inc., 230 N.J. 142, 154 (2017) …
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… not include plaintiff's interest expense on her purchase money loan for the same period. Judge Frank Covello awarded … days before the deadline. In July 2017, plaintiff filed a complaint for damages in the amount of $15,000. The … of reimbursing plaintiff, even though she might have had one as to her mortgagee, she was not obligated to pay …
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… January 25, 2019 – Decided July 15, 2019 Before Judges Simonelli, Whipple and DeAlmeida. On appeal from the Superior … a confidential informant advised the police that defendant committed them. The detectives had defendant's motor vehicle … and started ringing doorbells and knocking on the door. Someone in the building unlocked the front door. The detectives …
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… consideration of evidence adduced at trial that defendant committed the murders in finding and weighing the … 205 N.J. 109, 127 (2011), "and appellate courts are cautioned not to substitute their judgment for those of our … (2012) required the imposition of a minimum term "between, one- third and one-half of the sentence." Considering the …
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… Essex County, Docket No. L-4125-16. Hegge & Confusione, LLC, attorneys for appellant (Michael J. Confusione, of counsel and on the brief). Howard D. Lipstein, … of defendant Timothy James Echeandia and dismissing her complaint. We affirm. The facts are undisputed. Plaintiff …
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… providing coverage for new employees' families. He reasoned that the parties knew how to provide for such a delay … who retired before the 2014-2018 CBA was ratified. He reasoned that the rights of those retirees were governed by the … arbitration 7 A-5087-17T1 issue was broad enough to encompass the issue of which retirees were covered by the …
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… the cause for respondent (Phelan, Hallinan, Diamond & Jones, PC, attorneys; Sonya Gidumal Chazin, on brief). PER … assigned the mortgage to Quicken, who filed a foreclosure complaint on December 1, 2014. On August 25, 2015, Quicken … 4 N.J.S.A. 12A:3-205(b) defines a "blank indorsement" as one that "is not a special indorsement," and provides that …
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… and separated in 2004; however, plaintiff did not file her complaint for divorce until November 2015. No children were … to do right by providing for [p]laintiff and her family." Nonetheless, the judge rejected defendant's assertion that a … failed to make any marital contribution, economic, noneconomic or otherwise, to the accumulation of the value of …
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… XIV; N.J. CONST., ART. 1, PAR. 10. POINT II THE STATE COMMITTED A FLAGRANT VIOLATION OF THE PRINCIPLE [SET FORTH … then reached into his pants pocket to take his cellphone and wallet. Prior to the assault, a nearby store's … the police radio. The victim gave Marcinko the earbud headphones that he reportedly grabbed from his assailant during …
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… injury suit against both Ramslee Motors (Ramslee), as the commercial tenant of the premises at the time of the … motion judge, counsel for 608 Tonnelle also claimed that one of the owners of Ramslee "admitted that he was … the landlord and the commercial tenant is silent on which one has the duty to maintain the driveway leading to the …