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… LLC, Plaintiff-Appellant, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Respondent, v. … Ibid. (citing Hampton v. Hartford Fire Ins. Co., 65 N.J.L. 265, 267 (E. & A. 1900)). Longobardi was a case of first … and 34 A-4224-18 which paid the premiums—wrongfully try to get paid on claims for losses on property it did not …
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… of the attenuation issue. I. An August 15, 2016 complaint-warrant charged defendant with possession of … McCrae approached defendant's vehicle, asked defendant to get out, and arrested defendant for eluding. During a search … stop, "however brief or limited." State v. Scriven, 226 N.J. 20, 33 (2016) (quoting State v. Dickey, 152 N.J. …
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… Indictment 16-12-1542 On July 31, 2016, defendant and two companions, Rshan White and Shawn Wright, were shot in … defendant was "pretty quiet" and "didn't seem to be getting too upset." Defendant also denied ownership of the … (3d Cir. 1993)); see also State v. Lozada, 257 N.J. Super. 260, 272 (App. Div. 1992) (explaining an adverse party's …
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… substantially for the reasons given by the judge in his comprehensive oral opinion. I. We begin our discussion with … provided her with motel assistance, housing advocacy, budgeting skills, a parent aide, recommended psychological … The Bridge Program for substance abuse treatment. On April 26, 2018, The Bridge reported: [Katherine] does not attend …
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… cause for appellants/cross-respondents (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Matthew A. … and the relation back doctrine, as set forth in Rule 4:26-4 and Rule 4:9-3. We have considered the record and the … he would move the genset for him. Philip told Giamella to get in the forklift so they could set the genset upright. …
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… Submitted April 25, 2022 – Decided May 26, 2022 Before Judges Vernoia and Petrillo. On appeal from … eldest child and to fix a contribution towards certain upcoming college costs from defendant. Defendant filed … be devoted towards college costs, and neither parent should get credit for the child's own contribution. Instead, …
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… his bench trial conviction for violating a condition of Community Supervision for Life (CSL), N.J.S.A. … because it was too far and that public transportation would get him back home too late. Officer Piemonte reminded … CSL with Parole Supervision for Life (PSL). L. 2003, c. 267, § 1, eff. Jan 14, 2004; N.J.S.A. 2C:43-6.4 ("Special …
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… individually (Walsh); Smith-Sondy Asphalt Construction Company and its engineer, Nicola Genchi; and Straight Edge … J.G. v. N. Plainfield Bd. of Educ., 400 N.J. Super. 1, 25–26 (App. Div. 2008) (alterations in original) (emphasis … v. Metro. Life Ins. Co., 1 N.J. 5, 10 (1948)). We need not get into the technicalities of the evidence rule. The …
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… of counsel and on the brief). PER CURIAM On August 26, 2018, plaintiff James Carifi, a former captain in the … and its former police chief, Paul Philipps. Plaintiff's complaint alleged violations of 42 U.S.C. 1 In Carifi v. … of fabricated evidence; be free from unlawfully being targeted for enforcement of laws; and employment. However, he …
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… suggested obtaining a gun, served as the driver of the getaway car after the shooting, and assisted in concealing … ERRED WHERE HE DID NOT DETERMINE WHETHER THE ALLEGED ACCOMPLICE'S STATEMENT IMPLICATING DEFENDANT IN THE CRIME WAS … interaction with the other jury members.'" Id. at 124-26 (alteration in original) (quoting State v. Hightower, 146 …
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… To Find Clear And Convincing Evidence Other Bad Acts Were Committed. B. The Trial Court Failed To Submit Required Jury … told the CI in a phone conversation that they were "getting ready to leave." Throughout the day, Oviedo-Difo and … State's case' . . . ." State v. Land, 435 N.J. Super. 249, 269 (App. Div. 2014) (quoting State v. Walden, 370 N.J. …
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… v. LIME CONTRACTING, INC., and KEMPER INSURANCE COMPANY, a Corporation, as successor in interest to … repairs. Count seven alleged Lumbermens issued a $2,126,000 contract bond to indemnify Enclave and "hold it … all the specifications, including "how the contractor gets paid and submission for payment, what he has to submit …
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… 2C:39-5(b) (count five); and first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1), … of his Miranda rights. State v. Hartley, 103 N.J. 252, 260-61 (1986). We typically consider arguments raised for … the omission of defendant's statement: "I'm still getting locked up," and the mis-recording of his statement: …
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… Nurseries, LLC (Holmdel or the LLC), including workers' compensation coverage. Plaintiff alleged Purdy was negligent … his brother what happened, Christopher responded, "I can't get [my truck] running. I don't know what's wrong with it. I … N.J. 496, 511 (2014); Frugis v. Bracigliano, 177 N.J. 250, 269 (2003). Both motions are governed by "the same …
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… 10:5-1 to -49, and it awarded plaintiff Rebecca McCarthy compensatory and punitive damages.1 The trial court also … the plaintiff rests and "shall be denied if the evidence, together with the legitimate inferences therefrom, could … pay, she must "prove what she would have earned had she 26 A-2542-19 not suffered the wrong[,] . . . how long she …
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… December 2016 and was discharged from the hospital on March 26, 2017. On June 26, 2017, the Division received a referral … [Kira] upside down underneath."2 On June 30, 2017, Carl "completed a [v]ideotaped [i]nterview [s]tatement" with a … at risk." She noted that Laura's test scores and delay in getting Kira treatment "indicate[d] a need for parenting …
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… revealed substantial evidence that plaintiff misused the computer system in his police car to conduct unjustified … duties to the best of their abilities at all times. On May 26, 2017, Lieutenant Fairweather interviewed plaintiff, who … plaintiff explained a random plate inquiry is "utilized to get information about the vehicle if you do not have the …
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… first-degree murder, N.J.S.A. 2C:11-3(a)(1); conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a)(1); … fled the country. Hidalgo-Bautista asked her sister to get Rosario's passport from his apartment and send it in a … with another offense." State v. Trotman, 366 N.J. Super. 226, 237 (App. Div. 2004). Therefore, we remand for …
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… first trial and excluded testimony on Child Sexual Abuse Accommodation Syndrome ("CSAAS") from both trials. As for the … manipulative, abusive situation" and "didn't know how to get out of it." When she was sixteen, Karen began dating … in any significant way," State v. Hubbard, 222 N.J. 249, 265-66, 270 (2015) (quoting Miranda, 384 U.S. at 444). The …
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… her to an oral surgeon, Dr. Steven J. Silverman, who recommended extraction of two teeth to be replaced with dental … any further" and "it wasn't absolutely critical to get those fragments out at that point." He resumed drilling, … in the execution of the extraction procedure. On September 26, 2019, the jury returned a verdict finding that …