njcourts.gov
… Argued September 18, 2017 – Decided Before Judges Messano and Accurso. On appeal from Superior Court of New … parties, leading ultimately to the filing of plaintiff's complaint naming Avalon, Smith, Signature and DePhillips as … plaintiff argues Judge Gibson made factual findings unsupported by the record on issues not raised (footnote …
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… 20, 2017 2 A-4522-15T4 dismissing her personal injury complaint, and denying her motion to amend the complaint. We … judgment, plaintiff had to establish prima facie the requisite components of negligence. Here, plaintiff produced … v. One Washington Park, 154 N.J. 437, 442-45 (1998), to support her argument that her request for the late amendment …
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… twenty minutes later, Adler returned to the store to complete an incident report. She testified that while she … of Am., 142 N.J. 520, 529-30 (1995)). Assertions that are unsupported by evidence "[are] insufficient to create a … giving rise to the slip and fall, see, Tua v. Modern Homes, Inc., 64 N.J. Super. 211, 220 (App. Div. 1960) (finding …
njcourts.gov
… Espichan pleaded guilty to second-degree conspiracy to commit robbery and aggravated sexual assault, N.J.S.A. … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 4 A-4642-18 129 N.J. at 462-63; … Super. 595 (App. Div. 2016), upon which defendant relies to support his argument, the answer, "yes," is circled in …
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… have been raised in direct appeals from the multiple civil commitment orders that have been entered against him … the merits of defendant's contentions, ruling that his commitment as a sexually violent predator does not violate … only upon the establishment of a prima facie case in support of [PCR], a determination by the court that there …
njcourts.gov
… separate "continuing guaranty" for each of the agreements, committing to promptly pay all "liabilities, obligations and … and the order permitting sale of real property. In his supporting certification, defendant acknowledged he … of 10 A-1929-19T3 payment" and applied to "present and future liabilities, obligations and indebtedness . . . …
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… vulnerable to the effects of corrosion and deterioration compared to more commonly used fastening alternatives for … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … the proposed solution.'" Est. 9 A-2417-19 of Narleski v. Gomes, 244 N.J. 199, 223 (2020) (quoting Hopkins, 132 N.J. at …
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… to a plea agreement and on April 3, 2009 received the recommended sentence of three years probation. Defendant did not file a direct appeal and successfully completed probation. In October 2018—almost ten years after … we defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" …
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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 … findings of the trial court, "so long as those findings are supported by 2 Defendant also filed a motion to preclude …
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… home. Police suspected Sedin and his brothers of having committed a string of armed robberies involving cash and … THE SEDIN ROBBERY WAS NOT INTRINSIC EVIDENCE OF THE CRIMES WITH WHICH DEFENDANT WAS CHARGED, AND ALSO FAILED TO … charge. The judge similarly found sufficient evidence to support the charge of receipt of stolen property, N.J.S.A. …
njcourts.gov
… for the 2013-2014 school year, Smith filed a Law Division complaint alleging violation of the New Jersey Law Against … Smith, however, stated she did not agree to settling her complaint. After the judge conferenced with Smith and … the May 23 order because there was credible evidence to support enforcement of the settlement agreement. See …
njcourts.gov
… equipment or peripherals; and 20.802, attempting to commit or aiding another in committing any of the above acts. The hearing officer … except those to suppress physical evidence. The record supports the conclusion defendant was informed at the time …
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… in favor of plaintiff Highland Capital Corp. (Highland), a commercial lender which financed dental equipment purchased … to be a Finance Lease under Article 2A of the Uniform Commercial Code [(UCC)] THIS AGREEMENT IS NOT CANCELABLE. . … Furthermore, the record is devoid of any evidence supporting defendants' claim that Highland fraudulently …
njcourts.gov
… from a breach of contract action in which plaintiff filed a complaint against defendant for non-payment of services. After accepting service of the complaint, defendant failed to answer. Consequently, … in which it alleged that plaintiff engaged in fraud. In support of its fraud claim, defendant asserted that …
njcourts.gov
… 2A:15-3. She alleges that the six defendants 3 A-0144-18T4 committed medical malpractice when they provided care to her … the second action in context. Plaintiff filed her first complaint on December 16, 2016 (the First Action). In that … case correctly found that there was no evidence that would support tolling the statutes of limitations. Plaintiff has …
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… to satisfy the criteria for an undue hardship waiver or compromise of an Estate Lien imposed against the Estate. We … is 'arbitrary, capricious or unreasonable or [] is not supported by substantial credible evidence in the record as … New Jersey from my estate." P.P. signed this form three times and on three separate occasions—January 2013, October …
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… Submitted November 18, 2019 – Decided Before Judges Messano and Vernoia. On appeal from the Superior Court of … for the reasons expressed in Judge Caulfield's comprehensive written opinion, including the judge's … We agree with Judge Caulfield that the factual predicate in support of an IAC claim was known well before the one-year …
njcourts.gov
… limited. We therefore identify the relevant facts that are supported by evidence in the record or are undisputed by the … by counsel, they had a defense to the DWI charge and the outcome would, in all likelihood, have been different." Ibid. 5 … after the new rule is announced; (2) apply the new rule to future cases and to the parties in the case announcing the …
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… the president (the victim) of Gerrus Maintenance, Inc. (the company), reported to police that defendant, the company's … admission into PTI. The prosecutor also found denial was supported by the following factors set forth in N.J.S.A. … ruling subverted the PTI goals of achieving deterrence of future crimes by means of rehabilitative service and …
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… follows: "Plaintiff's cohabitation with a member of the opposite sex, not related by blood or marriage, for a period of … by that person." Alimony was based upon an imputed income to plaintiff of $20,000 and defendant's 2004 earnings … or dissolution; (f) The ability of the obligor to maintain support payments following retirement, including whether the …