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… We apply a deferential standard of review to the factual findings of the trial court. See State v. Elders, … sentencing, Pressler & Verniero, Current N.J. Court Rules, comment 3 on R. 3:21-2 (2017) (citing State v. Jaffe, 220 … complaint J-1522-82, an entry should be added that the Official Court Records of Ocean County do not reflect that …
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… Builders, LLC, Thomas Finley, and Jerry Kubis filed their complaint in this September 10, 2014 A-2621-12T4 2 … During the intervening time, the parties had completed discovery and attended settlement conferences, Chiu-Serodio had … the totality of circumstances, including the following factors: (1) the delay in making the arbitration request; …
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… that month, the victim died in the hospital after further complications. After a jury trial, defendant was convicted … IF NOT IN LETTER, REQUIRE A FACTUAL AND LEGAL REPLY TO EVERY ISSUE RAISED BY APPELLANT. II. HABEAS CORPUS IS AN … JUSTICE. XII. THE JUDGE SHOULD HAVE REQUIRED TESTIMONY BE OFFERED ORALLY AND SUMMONS WITNESSES AND REQUIRE ANY PERSONS …
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… motion for final judgment, and remanding the matter to the Office of Foreclosure to proceed as an uncontested matter. … On December 28, 2018, plaintiff filed its foreclosure complaint, which is the subject of the matter under review, … show . . . there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… Plaintiff-Appellant, v. CINDY DISANTIS, MR. DISANTIS, husband of Cindy DiSantis, FRED J. DISANTIS, MRS. FRED J. … from the July 25, 2017 order dismissing its foreclosure complaint against defendant ReadyCap Lending, LLC.1 Because … law and the legal consequences that flow from established facts are not entitled to any special deference." Crespo v. …
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… N.J.S.A. 2C:5-1; one count of second-degree conspiracy to commit attempted murder, N.J.S.A. 2C:5-2; one count of … to three years' probation. 3 A-4403-15T2 The relevant facts are undisputed. On January 20, 2014, defendant and … in the trial court. State v. Fierro, 438 N.J. Super. 517, 530 (App. Div. 2015) (citing State v. Perry, 128 N.J. Super. …
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… the final judgment. The record establishes the material facts. In May 2007, defendant Sarah Howard took a loan of … was sent by Select Portfolio Servicing, Inc. (the Servicing Company) to defendants. The notice explained that the … a certification from Sherry Benight, a document control officer 4 A-5253-16T3 of the Servicing Company. Benight …
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… 5, 2019 – Decided April 16, 2019 Before Judges Fisher and Hoffman. On appeal from Superior Court of New Jersey, … failed to cure and plaintiff filed its foreclosure complaint in August 2016. Defendant filed an answer … it has possession of the note, pursuant to N.J.S.A. 12A-3-301, and an indorsement in blank would only permit a third …
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… argued the cause for respondent Kimberly Barreto (Law Offices of Styliades and Jackson, attorneys; Roma M. Patel, … appeals from two orders dismissing her personal injury complaint with prejudice for failure to make discovery. The … notified of the pending proceedings. The rule's procedural safeguards are designed to "ensure that the defaulting …
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… investigator attached to the Somerset County Prosecutor's Office Organized Crime and Narcotics Task Force, described … upon meeting with the investigator after the drug-sale was completed. We utilize the familiar probable cause … States Supreme Court in Illinois v. Gates, 462 U.S. 213, 230-32 (1983)), we determine that corroborative information …
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… NO. A-0227-16T3 514 MILLBURN AVENUE, LLC, VINCENT URSO, and PERRY URSO d/b/a ENZZOS TRATTORIA RESTAURANT, … appeal from an August 22, 2016 order dismissing their complaint in lieu of prerogative writs against defendants … 22, 2016. After reviewing 2 On appeal, plaintiffs rely on facts that were not presented to the trial court. Our scope …
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… plea agreement, the State expressed its willingness to recommend a six- year prison term, and defendant reserved the … 3 A-4431-15T2 alcohol content (BAC) at the time of the offense. Specifically, defendant argues – and it was not … that, with his attorney, he went through all discovery, which included evidence of the BAC discrepancy. And, …
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… D.G., Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent. … obtained an order upon the filing of an "Emergent Verified Complaint," appointing it as D.G.'s "Medicaid Authorized … appoint Atlantic Coast as D.G.'s guardian or attorney-in-fact and "the order fails to specify which New Jersey …
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… III. For contingency fee, could the plaintiff attorney compel the Trial Judge for granting divorce? IV. Should this … after he failed to comply with court orders compelling discovery and his attendance at economic mediation. Plaintiff … judgment, but considered her proofs and made findings of fact, guided by the applicable factors contained in N.J.S.A. …
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… judgment; a January 13, 2017 order dismissing the complaint without prejudice; a March 31, 2017 order denying … After defendant filed an answer, plaintiff propounded discovery. When defendant failed to respond to the discovery … case.'" Allstate Ins. Co. v. Fisher, 408 N.J. Super. 289, 300 (App. Div. 2009) (quoting Great Atl. & Pac. Tea Co. v. …
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… Ocwen Loan Services, LLC. We affirm. The following facts are taken from the record. On October 22, 2010, … March 26, 2015, defendants 3 A-3995-16T4 "successfully completed the FHA Home Affordable Modification Program … the presence of a notary and return them to [plaintiff's] office by [April 9, 2015]." The record contains no evidence …
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… Submitted March 9, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from Superior Court … REDD REPORT. 1. The Redd Report Was Not Provided In Discovery. 2. The Redd Report Was Exculpatory. 3. The Redd Report … were granted." Ibid. (quoting State v. Carter, 85 N.J. 300, 314 (1981)). If any of these elements are missing, the …
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… in PFRS in 2001 when she began employment as a correction officer with the Juvenile Justice Commission. On March 11, 2011, she responded to a report … benefits. The Board adopted the ALJ's findings of fact "with amplification and modification" but rejected her …
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… appeal from a February 4, 2016 order dismissing their complaint in lieu of prerogative writs, challenging a … from which the gas pumps had been removed, a small unused office building, an abandoned loading dock and warehouse … determinations. See Price v. Himeji, LLC, 214 N.J. 263, 301-02 (2013). We likewise defer to Judge Meehan's findings …
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… Resubmitted February 16, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior Court of New … say we affirmed the trial court's dismissal of plaintiff's complaint against all defendants, including Grodeck. In his … approved the holding in Kay. See Segal v. Lynch, 211 N.J. 230, 264 (2012). In Segal, the Court explained: The …