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… COURT CITY OF ELIZABETH Plaintiff, v. THE REINFORCED EARTH COMPANY, JOHN SANKEY, P.E., NEW JERSEY METRO MALL URBAN … (Ch.Div.1969). Under such circumstances, he is neither a creditor beneficiary nor a donee beneficiary but is merely … as a matter of law. See N.J.S.A. 2A:14-1.1(b)(1). The record is clear that the Design Calculations do not …
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… 2 "An 'open plea' to an indictment neither 'include[s] a recommendation from the State, nor a prior indication from the … of the unrelated indictment is not contained in the record. 20 A-1274-19 Near the end of the State's case, … must be evaluated pursuant to N.J.R.E. 404(b) and the requisite Cofield analysis. Accordingly, should the State seek to …
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… Sentences Authorized By Statute. Based on our review of the record and the applicable legal principles, we affirm the … 86 N.J. 281, 287 (1981)). "Jury charges must provide a 'comprehensible explanation of the questions that the jury … temporary restraint issued pursuant to the Prevention of Domestic Violence Act [of 1991], [N.J.S.A. 2C:25-17 to -35], …
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… robbery, N.J.S.A. 2C:15-1; second- degree conspiracy to commit armed robbery of employees of the gas station, … Prosecutor, who was a legal advisor to the ACPO's Major Crimes Unit at the time, the ACPO's practice was to make 9 … Counsel was aware defendant was a juvenile with no criminal record. His strategy was for defendant to give his version …
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… defendant's farm in Springfield, which Mosca previously visited in 2014 for an unrelated matter. Although Mosca … questions. Mosca also stated that defendant did not seem "uncomfortable or nervous," but, instead, seemed "relaxed" and … us to "engage in a 'searching and critical' review of the record to ensure protection of a defendant's constitutional …
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… Argued December 18, 2017 – Decided Before Judges Messano, Accurso and O'Connor. On appeal from Superior Court … that day. According to defendant's office notes, plaintiff complained of having a lot of pain in his knee, swelling, … 2:6-2(a)(5), plaintiff fails to provide citations to the record in support of his assertion defendant made numerous …
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… followed up with Dr. Basch, an orthopedic surgeon, who recommended more PT. He also discussed spinal injections and … for surgery. Plaintiff obtained a second opinion from James Dwyer, M.D., who was qualified at trial as an expert in … (and articulated) determination, after canvassing the record 11 A-5574-16T4 and weighing the evidence, that the …
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… Decided Before Judges Ostrer and Leone. On appeal from the Commissioner of Banking and Insurance. Gregg S. Sodini … or [] not supported by substantial credible evidence in the record as a whole.'" Ibid. (citation omitted) (alteration in … because Pucillo had not been convicted of such crimes at the time of the asset sale. N.J.S.A. 17:15A-49 …
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… For the reasons that follow, we affirm both orders. I. We commence our review with a discussion of well-settled legal … "the negotiation of a high-low [agreement] . . . at all times while th[e] court was involved contemplated a waiver of … as a basis to dismiss its complaint. Having reviewed the record, we find no basis to disturb either judge's …
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… See 45 U.S.C. § 51. FELA provides in pertinent part: Every common carrier by railroad . . . shall be liable in damages … the verdict was against the weight of the evidence, the record must show that the jury's verdict "cries out to be … 1990)). Reasonable foreseeability, however, is a prerequisite to any claim. Hines v. CONRAIL, 926 F.2d 262, 268 (3d …
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… from a June 29, 2018 Law Division order dismissing their complaint against defendant State Operated School District … should be denied. Id. at 250. Construed in that light, the record before us establishes the following pertinent facts. … that a provisional administrative certificate is a prerequisite to performance of job duties under the current …
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… defendants had the discretion to determine, in the face of competing demands, whether and how to apply their existing … questions for each disputed predicate fact where the record shows that defendants consciously considered whether … provides: a. Whenever possible and practicable, telephone companies shall forward to jurisdictional public safety …
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… appeal an order denying their motion to dismiss and to compel arbitration. Defendants American Society for 5 … procedure." He did not assert he had looked at the JAMS website address provided in the agreement or otherwise reviewed … to a judge's factual findings if they are supported in the record. Ibid. New Jersey has long followed the legal …
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… counts of plaintiff Radiation Data, Inc.'s ("RDI's") complaint. The agency did not violate "clearly established" … 14 Here, it is patently clear from the administrative record in the related appeal that the DEP's enforcement … most efficient and effective. The fact that the DEP's website for the radon program generically advises the public to …
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… Defendant moved in limine to bar introduction of a hospital record for defendant and the medical records and … discovery. The court denied the motion. The three-day trial commenced on August 1, 2017. Aside from determining whether … All terms were concurrent. The court also imposed the requisite fines, penalties, and surcharges. This appeal followed. …
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… what we call, clear baggies or transparent baggies and they come smaller than this and this might be the next size up. 6 … not knowledgeable about the arcana of drug-distribution schemes." State v. Cain, 224 N.J. 410, 426 (2016). Although our … pit bulls was seen at a faster than normal speed, and the record does not show, nor does defendant argue, that the …
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… from a program which focused on witnesses or victims of domestic violence, an elementary school counselor, and … he nor the children were removed from the home. Mark also completed parenting classes where he learned different … change of custody. Under the statute, the court must make a record of its reasons for its custody decision and "must …
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… appeal from a July 25, 2024 order dismissing their complaint for possession following a bench trial. Although … man, Donald stated Landlord told him "[h]e kind of comes with the building. It's an extra set of eyes on your … made factual findings supported by the evidence in the record; (2) the parties failed to provide any definition of …
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… of age at the time alleged in the indictment. See 1971 Commentary as reprinted in Comments to N.J.S.A. 2C:13-4 (Cannel, Criminal Code … additional element(s) beyond a reasonable doubt and record your finding(s) on the verdict sheet: … [CHOOSE …
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… We discern the following facts derived from the motion record. In December 2009, plaintiff went to defendant Kim’s … "never read the label" on the Salon Pro 30 and it was not common for her to read the labels on the products in her … or any testing. The report failed to identify the requisite bases for the opinion. In the …