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njcourts.gov
… THE HOUSING AUTHORITY OF THE CITY OF NEWARK, THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF … discretion to amend is carried out through a two-step process which considers "whether the non-moving party will … for leave to amend be granted liberally even if the ultimate merits of the amendment are uncertain." Prime Acct. …
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njcourts.gov
… the court's December 27, 2021 order denying his motion to compel the forensic psychiatric examination of a … Jack was charged with the victim's murder, conspiracy to commit murder, and other gun-related charges. In pleading … versions of an incident or event and the witness's ultimate credibility are explored and discredited by …
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njcourts.gov
… CITY OF ELIZABETH, Plaintiff, vs. THE REINFORCED EARTH COMPANY, ELIZABETH METROMALL, LLC, NEW JERSEY METRO MALL … lack of jurisdiction over the person, ( c) insufficiency of process, ( d) insufficiency of service of process, ( e) … of the bargain for the product; and (3) that the product ultimately did not conform to the affirmation, promise or …
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njcourts.gov
… I found out that she did, so I think . . . there was no communication there as far as that situation." Under the … defendant's involvement in raising their son but complained that "[defendant] has never had him full time." … the unambiguous plain text of the statute, plaintiff's ultimate burden of proof to demonstrate "cause" before the …
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njcourts.gov
… dispute in its proper context. I. Global's amended verified complaint alleged the following. Global entered into a lease … damages, and a declaratory judgment that defendants had committed an anticipatory breach of the lease. Defendants … militates against their privileged status. Any documents ultimately ordered to be produced shall be redacted to omit …
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njcourts.gov
… a plea agreement pursuant to which the State agreed to recommend a nineteen-year sentence subject to the requirements … aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); five, a … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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njcourts.gov
… August 27, 2021 order that dismissed with prejudice their complaint against Frank Ortega (Ortega) and Ortega & Di Leonardo (O & D). The motion judge dismissed the complaint based on the entire controversy doctrine, as well … an accountant for negligence, the claimant must plead and ultimately prove the three elements set forth in the Act. E. …
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njcourts.gov
… was under twenty-six years of age when the offense was committed. N.J.S.A. 2C:44-1(b)(14). Defendant was … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … to manslaughter "was sorely tested by the evidence," and ultimately rejected by the jury. Id. at 401. Although …
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njcourts.gov
… J.C.1 appeals from a July 23, 2021 order dismissing her complaint against defendant D.C. pursuant to the Prevention … absent an agreement by the parties otherwise, due process requires a hearing to adduce testimony from the … If a re-trial occurs, it is axiomatic that the judge has ultimate control over the mode of interrogation of the …
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njcourts.gov
… motion to establish child support by imputing Father's income based on his pre- pandemic salary; and (2) denying … Anna. Indeed, Father's merit's brief acknowledges, "his ultimate goal is to reinstate his parenting time." However, … is not "given 'sole authority' and 'sole control' over the process, including complete discretion to determine when the …
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njcourts.gov
… trial court's order dated August 25, 2021, dismissing her complaint with prejudice pursuant to Rule 4:37-2(b). The … 132 N.J. 426, 444 (1993); "the safe conduct of a funeral procession," Giantonnio, 291 N.J. Super. at 44; the "conduct … part company with the trial court only on the issue of the ultimate dismissal of the case. First, we do not view the …
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njcourts.gov
… on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … with violating departmental rules, acting in a manner unbecoming of police officers, and disobeying an order to secure … treat similarly situated employees equally. Id. at 304. The ultimate burden of persuasion remains at all times with the …
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njcourts.gov
… a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Furthermore, Rule … death sentence resulted from a breakdown in the adversary process that renders the result unreliable. 7 A-3894-15T4 …
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njcourts.gov
… Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … numerous days of testimony, but before the proofs were complete, Dr. Laubach's attorney and counsel for other … Plaintiffs accepted the consulting attorney's ultimate recommendations. However, defendant and his insurer …
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njcourts.gov
… PER CURIAM In this civil action between former spouses on a complaint and counterclaim alleging "malicious prosecution" and "abuse/malicious use of process," the trial court granted NOT FOR PUBLICATION … case, there is "little more" than the fact that plaintiff ultimately prevailed in the action under the PDVA to support …
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njcourts.gov
… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … The CBA goes on to provide for a three-step grievance process. First, the grievance is submitted to the Chief. … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
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njcourts.gov
… in 2013.1 The Division of Child Protection and Permanency commenced this action and, after a four- day trial, secured … and she rejected individual counseling during the intake process seven months before trial. The provider of the … as a central factor." K.H.O., supra, 161 N.J. at 357. The ultimate determination to be made under the fourth prong "is …
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njcourts.gov
… others entered into an agreement to sell their shares of common stock in Cispharma and their membership interests in … these two loans, as shareholders and individuals, and the process to include the [b]uyer[s] on such documents shall … Agreement does not exclude indemnification for claims that ultimately fail as a matter of law. Furthermore, while the …
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njcourts.gov
… Anastasio Koka adjudicating defendants liable for abuse of process and awarding Koka $23,638.92 in damages, counsel … This dispute arose from three underlying municipal complaints involving defendants against Koka alleging … she was also unprepared to proceed. The second trial ultimately occurred, and Brian and Eglantina testified, and …
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njcourts.gov
… from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of … can be made without interfering with the windup process. During the windup period the trustee has a duty . . …