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njcourts.gov
… a creditor's remedy in certain equitable circumstances. The facts pertinent to our legal analysis are limited and … Jimenez, Raul Augustin Jimenez, and Lirio Jimenez2 filed a complaint in the Law Division against defendant seeking … discretion" of the court. Id. at 264. Such equitable factors could include, for example, the interests of the …
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njcourts.gov
… plaintiff rejected. In October 2018, plaintiff filed a complaint against defendants in the United States District … statutory do-not-call violations. Both the summons and the complaint were sent to 20 Appletree Lane in Hillsdale (the … that the motion judge did not sufficiently address the fact that the Roseboro Notice, issued by the District Court …
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njcourts.gov
… serve as: a) Managing Director of defendant's Personal and Commercial Boater Safety Associations; b) Managing Director … 31, 2014. Section one divided plaintiff's term with the company into an init ial period of forty-eight months … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… and affirm. In a nutshell, the Alliance alleged in its complaint that Gibbs and Tiver violated the Local Government … of chosen freeholders" was changed to "board of county commissioners," and the terms "freeholder" and "chosen … A-4192-19 – the resolution passed 3-2 – were tainted by the fact that their employer, Local 825, had urged in other fora …
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njcourts.gov
… was enacted in response to the increase of violent crimes committed in the State. State v. Nance, 228 N.J 378, 390 … he understood the terms of the plea bargain and provided a factual basis for his guilty plea. The sentencing judge … TO A SENTENCING DECISION: GRANTING THE DEFENDANT AN AUDIENCE, AFFORDING [DEFENDANT] AN OPPORTUNITY TO ALLOCUTE, …
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njcourts.gov
… judge's written opinion and the caption of the original complaint. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … only the following brief remarks. We discern the following facts from the limited record before us. On May 15, 2017, … at 468; see also N.J.S.A. 2A:53A-41(a). Two equitable remedies exist that "temper the draconian results of an …
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njcourts.gov
… life (PSL), N.J.S.A. 2C:43-6.4(a), and would be required to comply with the requirements of Megan's Law, N.J.S.A. 2C:7-1 … the matter with counsel. Further, defendant provided a factual basis for his offenses. On the endangering charge, … among other claims, that PSL "violates the ex post facto clause," "is unconstitutional and should be …
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njcourts.gov
… discovery orders and the Rules of Court, refusing to comply with discovery requests. As a result of their … pursuant to the terms of the Case Management Order. In fact, defendants failed to meet every deadline in the Case … adjourned the motion until "March 29, 2019, so that you may comply with R.4:23-5(a)(2)." The judge further advised, As …
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njcourts.gov
… separate "continuing guaranty" for each of the agreements, committing to promptly pay all "liabilities, obligations and … in April and May 2016. On October 14, 2016, BMO filed a complaint against defendants, seeking a judgment and … each case must be resolved on its own particular facts.'" Ibid. The Court noted "[c]ourts should use Rule …
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njcourts.gov
… Michele M. Fox entered the order denying PCR and rendered a comprehensive and well - reasoned twenty-nine-page written … COUNSEL'S FAILURE TO INVESTIGATE AND RAISE MITIGATING FACTOR [FOUR] AT SENTENCING. (Raised Below). 1 We remanded … health issues and argued for application of mitigating factor four, N.J.S.A. 2C:44-1(b)(4).5 In support of his 4 As …
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njcourts.gov
… he could not seek release under the Rule until he completed his mandatory period of parole ineligibility … COURT MISAPPLIED THE PREVAILING LAW AS IT RELATES TO THE FACTOR[S] UNDER STATE V. PRIESTER, REGARDING THE 'SERIOUS … defendant's Rule 3:21-10(b)(2) motion was barred due to the fact that he is currently serving a sentence subject to a …
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njcourts.gov
… Plaintiffs-Appellants, v. LT. GOVERNOR SHEILA Y. OLIVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, … their failure to avail themselves of the administrative remedies provided them by the Legislature under N.J.S.A. … Although the dispute has a tortured history, the essential facts, for our purposes, are easily summarized. Under the …
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njcourts.gov
… plea, he ultimately withdrew that motion. Based on these factors, the judge determined that "the discovery in … ON HIS CLAIM THAT HIS ATTORNEY RENDERED [IAC] BY FAILING TO COMMUNICATE, VISIT, REVIEW DISCOVERY WITH HIM, OR PURSUE … hearing, we "conduct a de novo review of both the factual findings and legal conclusions of the PCR court." …
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njcourts.gov
… (Tribunal) that she was disqualified for unemployment compensation benefits under N.J.S.A. 43:21-5(a) because she … of Review, 152 N.J. 197, 210 (1997). "[I]n reviewing the factual findings made in an unemployment compensation … determination was [ours] to make, but rather whether the factfinder could reasonably so conclude upon the proofs." …
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njcourts.gov
… also reduced the monthly obligation to $3,137 by imputing income to Donna. This same order also authorized the release … Matthew cross-moved, arguing there were outstanding factual disputes that required a plenary hearing. By order … discussion in a written opinion. R. 2:11-3(e)(1)(E). In fact, we find these arguments to be frivolous. We add only …
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njcourts.gov
… he wanted to serve only eight years — more believable. That factual finding makes it impossible for defendant to prove … under Strickland. Accordingly, we affirm. We set out the facts underlying defendant's conviction in our opinion on … on four counts of first-degree robbery, conspiracy to commit robbery, attempted murder and weapons charges. The …
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njcourts.gov
… relief in the People's Court in China; she instead filed a complaint in our courts in May 2019, claiming Kahn should … See R. 1:38-3(d)(1). 3 A-2096-19 financial success. Fang's complaint demanded, among other things, an order granting … "may modify a child 3 There is no significance to the fact that the parties' divorce was not the subject of …
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njcourts.gov
… N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should … sentenced before the Legislature added this new mitigating factor. We hold that it does not. Accordingly, we affirm …
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njcourts.gov
… to satisfy the criteria for an undue hardship waiver or compromise of an Estate Lien imposed against the Estate. We … Lien. In his written decision, the ALJ considered the facts and applicable law governing the imposition of estate … and outlay made on L.P.'s behalf. Unfortunately, those factors do not apply, and I am constrained by the well …
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njcourts.gov
… from the trial court's April 3, 2017 order dismissing his complaint with prejudice after the parties appeared for … by not changing venue, that it erred in dismissing his complaint, and that it violated a "public policy against … in merits brief deemed abandoned). 3 A-3723-16T4 The facts gleaned from the record are summarized as follows. …