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… resulting in a net award to him of $41,568.44. The firm deposited that sum with the Clerk of the Superior Court, staying … assessment on this latter property by $2.2 million pending completion of fit up for a new national retail tenant. When … Those factual determinations have substantial credible support in the evidentiary record, and thus are binding on …
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… failing to order a psychiatric evaluation to determine his competency to stand trial; (2) by failing to provide the … mental illness. The trial judge found, and the record supports, that defendant knowingly failed to take advantage … the courtroom a number of times as part of an ultimately futile effort to deter his misconduct. The judge …
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… photograph he selected was . . . in fact, the person who committed the crime. The judge also tailored that part of … 181 N.J. 553, 613 (2004)). "The trial court must give 'a comprehensible explanation of the questions that the jury … not violate the sentencing guidelines and the record amply supports his findings on aggravating and mitigating factors. …
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… 3 A-3928-14T3 In March 2012, plaintiffs filed a one-count complaint alleging defendant was negligent in failing to … the Inn. The search did produce other types of reported crimes at the Inn in the two-year period preceding the … sufficient, credible evidence in the discovery record that supports that defendant could have reasonably foreseen what …
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… defendant's contentions that the assistant prosecutor committed prosecutorial misconduct; the judge erroneously … WAS A "PREDICATE FELON," THE INTRODUCTION OF "OTHER CRIMES OR WRONGS" EVIDENCE AGAINST DEFENDANT THAT WAS NOT AT … nine outweighing the non-existing mitigating factors are supported by adequate evidence in the record. The sentence …
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… order granting defendants' summary judgment dismissing his complaint for defamation and discrimination. We affirm. … The chapel was to serve as a mission to the Hispanic community. Defendant Greek Orthodox Metropolis of New … Orthodox Diocese and the Metropolis. Thus, the record supports the motion judge's conclusion that the Albanian …
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… Defendant was indicted for third-degree conspiracy to commit burglary, theft and receiving stolen property, … responsible" for the others. Armstrong's plea colloquy supported this, referring to defendant simply as a … and motivation. A conviction could "seriously impact his future." The prosecutor failed to consider that defendant's …
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… judgment dismissing plaintiff Michelle Williams-Stevens's complaint under the Tort Claims Act, N.J.S.A. 59:1-1 to … contended it was foreseeable that the floor would become wet in light of the weather and the number of people … it created on the motion. Plaintiff's failure, however, to support her denial of the specific facts establishing that …
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… SANDRA BARRY, Plaintiffs-Appellants, v. MELMED CONSTRUCTION COMPANY, INC., a New Jersey Corporation, and VICTOR MELMED, … Law Division, Monmouth County, Docket No. L-2910-16. Gil D. Messina argued the cause for appellants (Messina Law Firm, … defendants filed their second motion to compel arbitration supported only by counsel's certification to which he …
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… August 28, 2018 order that dismissed their personal injury complaint for failure to satisfy the limitation on lawsuit … R. 2:6-2 (2019). 2 We refer to plaintiffs by their first names because they share the same surname. This is simply to … suffered strains and sprains. There were no "EMG reports to support any kind of radiculopathy." The court found there …
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… The 3 A-3767-15T2 14, 2014, the Division filed a Verified Complaint and Order to Show Cause (OTSC) in the Family Part … We will only briefly mention Judge Farber's key findings in support of the termination of defendant's parental rights to … defendant left the office without completing the requisite personality test. Dr. Singer concluded that G.B. …
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… A-1035-19T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES MCDOWELL, a/k/a SISA BOTO and SISA BUTU, … counsel. Lucianna certified that there had been "a complete breakdown of the attorney-client relationship" that … to substitute in as new trial counsel for defendant. In support of that motion, Ashley certified that defendant had …
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… N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … it would have to gather and present evidence from other crimes that occurred in 2007—that is, five years prior to the … [PCR] counsel can formulate no fair legal argument in support of a particular claim raised by defendant, no …
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… Infotech Limited, Inc.'s motion to dismiss plaintiff's complaint with prejudice pursuant to Rule 4:23-5(a)(2). We … a complaint under an abuse of discretion standard. St. James AME Dev. Corp. v. City of Jersey City, 403 N.J. Super. … the pleading of the delinquent party. The motion shall be supported by an affidavit reciting the facts of the …
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… and English and a Spanish interpreter translated the communications 3 A-2797-18 between defendant and his … including a second-degree crime. If convicted of those crimes, defendant would have been subject to presumptive … "if a defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 …
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… bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … of the Courts, designed to foster the judiciary's policy "committed to the quick and thorough resolution" of those … In contrast to a due process claim, which a defendant must support with a showing of "actual prejudice, not possible or …
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… not the result of pre-existing disease alone or in combination with the work, has 4 A-5039-18 occurred and … a SCBA from hitting a firefighter in the face when it becomes dislodged from its holder was unusual." Nevertheless, … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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… Certain Underwriters at Lloyd's London and dismissing the complaint with prejudice. We reject plaintiff's attempt to … trial court. We agree with Judge Donald J. Stein that the complaint was time-barred pursuant to a suit-limitation … or April 2018 when plaintiff discovered the damage.2 In support of that argument, plaintiff relies on one case: …
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… courts below were based on factual assumptions that are not supported by either the record or logic, and by a … only retained for ninety days. The MCSO also "provided the computer aided dispatch report." No witnesses testified at … the vehicle in question with the exact plate number coming towards me. I turned around and stopped the vehicle …
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… 7, 2018 orders denying their motions to dismiss the complaint and compel arbitration. The Chancery court … as an affirmative defense. In response, defendants refuted plaintiffs' arguments. They also asserted, that as an … was sufficient 12 A-1785-18T2 evidence in the record to support the court's conclusion that defendants waived their …