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… Is Not Reliable or Generally Accepted in the Scientific Community. POINT II. THERE WAS INSUFFICIENT EVIDENCE TO FIND … We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge James M. DeMarzo. … his balance." After three reinstructions, defendant complied. Grawehr attempted to conduct the One-Leg Stand …
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… Argued November 29, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from Superior Court … motion for summary judgment and dismissing Spataro's complaint with prejudice. This appeal followed. We recite … summary judgment, the trial judge must decide whether "the competent evidential materials presented, when viewed in the …
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… Protection and Permanency's (the Division) guardianship complaint; and that the court failed to set forth factual … history was set forth in Judge Patricia Richmond's comprehensive sixty-seven page oral decision. A summary will … counsel. The Division thereafter filed a guardianship (FG) complaint to obtain guardianship of Vic, and when the …
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… that the State failed to minimize the interception of communications not subject to interception, see N.J.S.A. … See State v. Dye, 60 N.J. 518, 526-27 (1972) (reviewing compliance with necessity requirement); see also 2 We … State v. Feliciano, 224 N.J. 351, 378 (2016) (requiring compliance with minimization requirement). When a defendant …
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… addiction rehabilitation program after the program was completed. Defendant violated the terms of his probation. He … basically run out of options. There isn't any treatment recommendation that hasn't been offered to you that we could offer again that I could even hope that you would comply with. I also would say that because of the number of …
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… DMCC Services, Inc., that had contracted with two large companies to unload their trucks at 3 A-1184-17T1 … filed a motion to dismiss defendant's earlier motion, to compel him to pay alimony and arrears that continued to … to pay her attorney's fees, and for sanctions for not complying with the mediation order. 4 A-1184-17T1 Shortly …
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… defendant William Ewing,1 summary judgment dismissing the complaint. We affirm. I. Because we consider the court's … . for 1 Defendant asserted before the motion court that the complaint was "improperly pleaded" against him and that the … Avenue, Inc." but there was no motion to dismiss the complaint based on that claim and he remains the only named …
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… 2017 2 A-3358-15T2 against defendant Progressive Insurance Company (Progressive) with prejudice. We affirm. We briefly … procedural history. On January 28, 2014, plaintiff filed a complaint in the Special Civil Part against Progressive and … an automobile accident on January 8, 2014. According to the complaint, a police officer contacted Progressive to confirm …
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… of March 7, 2016, we affirm both orders. We add some brief comments. The charges arose when during the early morning … of insanity would run afoul of the State's involuntary commitment laws [] 4. The court wrongly concluded that the … A grand jury only determines whether a crime has been committed and if a defendant probably committed it; it is an …
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… by defendants in 2007. In April 2014, Grant filed a civil complaint against Dan's Auto Body (Dan’s) and Dan Rusco … 56:8-1 to -20. Defendants moved to dismiss plaintiff's complaint, which motion was denied on November 13, 2014, by … the same standard governing the trial court. Templo Fuente De Vida Corp. v. National Union Fire Ins. Co., 224 …
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… administered first aid and detected an odor of alcohol coming from defendant. Within fifteen to twenty minutes of … WAS NOT OBTAINED THROUGH CONSENT AND THE STATE CANNOT OVERCOME THE WARRANT REQUIREMENT THROUGH EXIGENCY []. POINT II … 7. "As the United States Supreme Court has recognized, 'a "compelled intrusio[n] into the body for blood to be analyzed …
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… An individual (the 9-1-1 caller) and four people (her company) were sitting on her porch. The 9-1-1 caller … men to remove themselves from her car, and three of the men complied. The fourth man, a dark- skinned male, was wearing … minutes, and then walked up her driveway, toward her company, waved a gun at them and threatened them. Upon …
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… Kornblatt, defendant's sister, initiated the underlying complaint on behalf of the Estate beneficiaries, alleging … Kornblatt sought defendant's removal, the provision of a complete trust accounting, and repayment of any improper … reasons and order dated August 11, 2015. He found defendant committed defalcation in her role as trustee, and removed …
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… could be lowered by up to 90 days served performing community service. L. 2002, c. 34, §17. 2 Additional … facts." Manalapan Realty, L.P. v. Manalapan Twp. Comm., 140 N.J. 366, 378 (1995). In Laurick, our Supreme … of the court, substitute ninety days of his sentence for community service while the remaining ninety days could be …
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… pursuant to a plea agreement in which the State agreed to recommend the imposition of a sentence one degree lower, of … ineligible for parole. The State, however, has agreed to recommend that you be treated as a third-degree offender with a recommended sentence of four years in state prison subject to …
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… of his decision, including the possibility of civil commitment under the Sexually Violent Predator Act (SVPA), … Treatment Center (ADTC) found defendant's conduct in the commission of the offense was characterized by a pattern of repetitive and compulsive behavior, and recommended treatment at Avenel. …
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… v. ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Respondent. Argued February 1, 2021 – … defendant Allstate New Jersey Property & Casualty Insurance Company following a three-day jury trial. We affirm. We … surgeon, who sent plaintiff for MRI scans and an EMG, and recommended physical therapy. Plaintiff testified she …
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… Livingston Mall Venture (LMV) dismissing his complaint in lieu of prerogative writs in its entirety. We affirm for the reasons set forth in comprehensive twenty-four page written decision issued by … Planning Board (Board) adopted a Reexamination and Comprehensive Revision of the Master Plan (2007 Master …
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… favor and against their insurers Great American Security Company (Great American) and Interested Underwriters at … The Great American policy was a one-year policy that commenced on May 4, 2012, and had a coverage limit of $75 … in the event of a total loss proof of the actual value becomes unnecessary." Karcher v. Philadelphia Fire & Marine …
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… to consider a petition filed by the Town of Clinton's water company (Clinton) alleging the Borough of Lebanon (Lebanon) … openings that were restored without concrete subbases now compromised the structural integrity of its roads and … increased maintenance costs to Lebanon. Clinton asserted compliance with the Ordinance would increase the costs of …