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… of the 2019 will] was perfect," and urging McNulty to "come over soon" because Senior was "very tired" and "up and … accusation, which was made within earshot of Senior, was a "complete fabrication." Therese also sent Jimmy a text in … judge rejected Therese's claim that, the day after Louise died, Senior discovered "financial irregularities" that he …
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… shot and seriously injured. Fortunately, the victim did not die. Defendant was indicted for three crimes related to the … In that regard, the court found that defendant had committed at least two prior third-degree crimes on separate … to determine whether a defendant's past offenses were committed on separate occasions in determining whether the …
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… motion for reconsideration and dismissing plaintiff's complaint with prejudice for failure to provide a compliant … Joseph's Hospital. Three days later, on August 7, 2020, she died. The death certificate listed the cause of death as … plaintiff contends defendant should be equitably estopped from seeking dismissal because it engaged in …
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… cause. On appeal, plaintiff argues the trial court committed error because plaintiff presented material issues … at her deposition that she "thought she was going to die." Plaintiff exited the restaurant, passed out and fell … Div. 1996)). We have also held that expert testimony on the topic of proximate cause is necessary when it is outside a …
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… unlawful purpose. Defendant was eighteen years old when he committed these offenses. The matter was tried before a jury … At sentencing defendant, the judge noted he "repeatedly committed various offenses[] or w[as] charged with various … there was 6 A-1376-23 a rational basis. If it wouldn't have come to me, I would have just, quite frankly, left it at …
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… that she received a copy of plaintiffs' 2019 verified complaint, she did not participate in the probate action … agree to withdraw any and all opposition to Plaintiffs Complaint in the matter IMO Estate of Sandor, Docket No.: … providing that should a named residuary beneficiary die, their share would pass to their surviving spouse or …
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… retained an attorney to review the signed MOU and file a complaint for divorce. Both parties were represented by … MOU was nonbinding; not enforcing the MOU; plaintiff is estopped from asserting the MOU is nonbinding. Plaintiff also … fund for the payor's support obligation should he die before fulfilling that responsibility. Id. at 580. …
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… a sworn statement from one of defendant's brothers , who died following the trial. 7 A-3431-20 explained defendant … pistol, . . . was . . . under the grip. The grip had to come off . . . to see that fingerprint. There was 8 … the State's evidence contained no motive for defendant to commit the robbery. Therefore, "if . . . evidence were …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5741-10T4 CHRISTOPHER ACQUAVIVA, Plaintiff-Appellant, v. ESTATE OF FRANK … After the loan and mortgage went into default, Midlantic commenced an action to foreclose on the property. The … The court also stated that, 1 We note that DiMisa died on December 12, 2009. The court later entered an order …
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… ONARATO, Third-Party Plaintiff, v. PENN-AMERICA INSURANCE COMPANY and JOHN P. MacEVOY, Third-Party … the Verona Inn. 2 The complaint indicates that Ida Onorato died sometime after July 2004 and her ownership interest in … with their "plain and ordinary meaning." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010) (quoting Voorhees v. …
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… counsel "were outside the wide range [of] professionally competent assistance." Because defendant failed to satisfy … appellate counsel was ineffective because counsel failed to communicate with him. Defendant asserted that had his … 7 A-1832-21 Also, because defendant's appellate attorney died in 2020, the judge explained that counsel was unable to …
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… OF CORRECTIONS, MARCUS O. HICKS in his official capacity as COMMISSIONER of the STATE OF NEW JERSEY DEPARTMENT OF … (DOC); Marcus O. Hicks, in his official capacity as commissioner of the DOC; and Jennifer Sheahan, in her … which requires every wrongful death action where a decedent dies intestate be brought in the name of an administrator ad …
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… certificate #16-00290 from the municipal tax assessor and commenced a tax foreclosure action against defendants in … which indicated the trustee, Vincent's aunt, had recently died and the bank was 1 Shortly before judgment was entered … order on August 17, 2022, dismissing the foreclosure complaint and entering final judgment in favor of …
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… testified that prior to the shooting, "[d]efendant [had] complimented [her] on her appearance, and with his cell … assault "was dismissed in January 2007" after Edwin Centeno died "in a car accident." Id. at 6. In February 2013, … trial without conducting an evidentiary hearing. In an accompanying written decision, the judge applied the governing …
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… C. Clark in the thorough twenty-four-page decision accompanying the December 8, 2017 order. The salient facts and … a handgun, the other a shotgun, and started shooting. Price died at the scene. Staggers lost vision in one eye, suffered … assault, and a multitude of weapons charges. The jury trial commenced on January 27, 1999, after defendant's case was …
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… of his vehicle.2 The victim succumbed to her injuries and died two days later. Defendant was indicted for … did or failed to do that [which] would have changed the outcome of trial." II. Defendant raises the following points on … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… consistent with this opinion. I. Decedent Allan Yorkowitz died testate on May 28, 2019. In July 2019, the Middlesex … will. In September 2019, Perialis filed a verified complaint seeking to admit Yorkowitz's handwritten codicil , … below, denying Perialis's motion. The decision was embodied in the court's April 13, 2023 order. II. The issues …
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… on August 18, 2023 dismissing their medical malpractice complaint against several defendants, including Newark Beth … an aneurysm of the iliac artery. 3 A-0323-23 Surgery was recommended. On February 26, 2021, Mr. Pennix was admitted to … Est. of Chin v. Saint Barnabas Med. Ctr., where a patient died from an air embolism during a diagnostic hysteroscopy, …
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… use in other cases is limited. R. 1:36-3. 2 A-2171-22 Christopher A. Kozlowski, attorney for respondents Joana Barros … reconsideration of the trial court's order dismissing the complaint with prejudice, finding a prenuptial agreement … married until Jose's death on November 23, 2021. Jose died intestate on November 23, 2021. Luciana asserts that …
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… section, the revocation or suspension period imposed shall commence as of the date of termination of the existing … The court denied reconsideration and issued an order and accompanying statement of reasons finding the motion untimely. … attainable goal when memories have dimmed, witnesses have died or disappeared, and evidence is lost or unattainable. …