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… the trial court entered a judgment dismissing plaintiff's complaint with prejudice. The medical malpractice claim is … of an expansion joint between two concrete slabs. Plaintiff commissioned two expert reports. The first expert, an … of possession. See, e.g., Michaels v. Brookchester, Inc., 26 N.J. 379, 382 (1958). We have recognized two "exceptions …
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… counsel's only advice was "that the plea was the best outcome" without ever discussing "any other possible outcome … of the plea he was to enter, nor did she provide any misinformation about the immigration effects of the plea." The … de novo." State v. Aburoumi, 464 N.J. Super. 326, 338 (App. Div. 2020). To establish a PCR claim of IAC, a …
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… defendant's car, she shined a flashlight into the passenger compartment. She immediately observed a large silver … rest its decision" must be articulated. State v. Mitchell, 126 N.J. 565, 579 (1992). The Sixth Amendment to the United … by the Sixth Amendment." 466 U.S. at 687. Counsel's performance is deficient if it "[falls] below an objective …
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… property, and plaintiff subsequently filed its foreclosure complaint. Defendant does not deny that it received service … attorney evidently did not file an appearance or take any formal action on defendant's behalf. In July 2019, when … Charles A. Wright et al., Federal Practice & Procedure § 2697 (4th ed. 2020)). Here, if we grant defendant vacatur, …
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… and convincing evidence sustaining all violations and recommended revocation of PSL and MS and the imposition of a … month FET on each. The two-member panel found that Wood's commission of the violations was "serious" and that … (quoting Pizzullo v. N.J. Mfrs. Ins. Co., 196 N.J. 251, 264 (2008))). N.J.S.A. 2C:43-7.2(c)—the NERA …
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… a June 15, 2019 order, the motion judge denied a motion to compel arbitration filed by defendant Sky Zone Lakewood.1 We … reverse and remand for the trial court to enter an order compelling arbitration and staying the matter pending the outcome of the arbitration. Plaintiff Chand Pandya, the son of …
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… __________________________ Argued October 26, 2020 – Decided Before Judges Fasciale and Mayer. On … granting defendants' motion to dismiss his second-amended complaint without prejudice under Rule 4:6-2(e) and the … medical negligence claim must be "based on the improper performance of a professional service that deviated from the …
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… appeared at Brenda's home and told Tricia she must come to court later that day. When the child refused, … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … Court has held that "occasional discipline does not fit a common sense application of the statutory prohibition . . . …
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… 2 A-1091-18T2 Defendant R.G.F. appeals from the October 26, 2018 Family Part order, which was amended on October 30, … told her he had the right to know where she is and he can come to the apartment whenever he wants. While plaintiff … restraining order. Plaintiff's amended TRO also included information that on July 8, 2018, defendant was parked in …
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… Petitioner Mary D'Arcy Bittner appeals from a February 26, 2019 final administrative determination of the Board of … In May 2013, Bittner was appointed by the City's Board of Commissioners as the City's solicitor under a professional … required the solicitor "be appointed by the board of commissioners for a term of one year" and stated the …
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… the merits. Accordingly, we reverse. The State's verified complaint for forfeiture alleged police had information in February 2016 that Mesadieu was "a major drug … and fundamental fairness. State v. Melendez, 240 N.J. 268, 272 (2020). Mesadieu received neither here. The record …
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… behavioral healthcare providers. The psychiatrist also recommended 2 At the time of the hearing, C.T. and T.T. were … 2019, T.T. applied for and was granted a TRO.3 In her complaint, T.T. alleged C.T. harassed her, made verbal … limitations. Ibid. (citing D.C. v. Heller, 554 U.S. 570, 626 (2008)). Under the PDVA, a law enforcement officer who …
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… summary judgment, dismissing her Tort Claims Act (TCA) complaint against the West New York Board of Education … right elbow. On or about March 5, 2018, plaintiff filed her complaint against the Board, as well as the Town of West New … claim under N.J.S.A 59:9-2(d). In his thoughtful and comprehensive oral decision, Judge Militello made detailed …
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… regarding Mignone's treatment history, including the recommendation for hernia surgery, the subsequent surgery to … member "is physically or mentally incapacitated for the performance of duty and should be retired." N.J.S.A. 43:15A-42. … Fund, Div. of Pensions & Benefits, 404 N.J. Super. 119, 126 (App. Div. 2008) 9 A-4019-19 (interpreting similar …
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… New Jersey Department of Corrections (DOC) finding that he committed prohibited act *.009, "misuse, possession, … Kevin Bezek learned appellant used Watford's sign in information to access the facility's JPay, Inc. (JPay)2 system on August 26, 2020, at 6:46 a.m. to send three communications 1 The …
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… R. 1:36-3. 2 A-5407-18 Piszczatoski1 (plaintiffs) – commenced this action against the fifth, Maureen Lyon (defendant). Plaintiffs' complaint sought to invalidate a deed transferring … when . . . execut[ing] the will,'" In re Will of Liebl, 260 N.J. Super. 519, 524 (App. Div. 1992) (quoting Gellert, …
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… Warranty and Notice Act, N.J.S.A. 56:12-14 to 18. After overcoming certain initial difficulties involving service of … Corp., 458 N.J. Super. 465, 472 (App. Div. 2019); see also 1266 Apartment Corp. v. New Horizon Deli, Inc., 368 N.J. … action. See the Arbitration Provision for additional information concerning the agreement to arbitrate. The …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4026-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. COREY S. … Platform Overview, ShotSpotter, https://www.shotspotter.com/platform (last visited Sept. 27, 2021). 3 A-4026-18 … SUSPICION TO STOP DEFENDANT’S CAR BASED UPON VAGUE INFORMATION THAT A BLACK CAR WITH TINTED WINDOWS HAD BEEN …
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… office or the courthouse, and she claimed she did not feel comfortable conferring with him in her small New Jersey … obtain replacement counsel to do so. See Madden v. Delran, 126 N.J. 591, 607-08 (1992). Certainly, defendant should have … proceedings in a manner that complies with required formality in the taking of evidence and the rendering of …
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… going to beat up the [person1] that you're with. . . . I'm coming now." Plaintiff testified that shortly after … who she was with and that [defendant] threatened he was coming to the house . . . and would assault the occupants of … for the victim." Silver v. Silver, 387 N.J. Super. 112, 126 (App. Div. 2006). Although this second …