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… order granting the Rule 4:6-2(e) motion to dismiss his complaint with prejudice for failure to state a claim by the … action was pending, plaintiff filed a third-party complaint, asserting counterclaims against Green Tree (now … Bank of America and Fannie Mae dismissing the third-party complaint and third-party claims with prejudice for reasons …
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… charged in 1 Defendant pled guilty while he was completing the Intensive Supervision Program (ISP) for an … When defendant appeared for sentencing, he had successfully completed ISP. 2 The disorderly persons offenses consisted … appeal followed.5 On appeal, defendant raises the following points for our consideration: POINT I THE IMPOSITION OF AN …
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… from the store when an unknown man entered her apartment complex behind her. The man demanded S.L. hand over her … later obtained a surveillance video from S.L.'s apartment complex. At trial, the sergeant who obtained the … a shopping cart into the vestibule of [the apartment complex]. She remained in the vestibule for a few minutes …
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… a three-year term of imprisonment for an unrelated offense committed in Cumberland County. Judge Jimenez ordered that … police vehicle. The driver of the Mazda heeded the implied command to stop and pulled the vehicle over to the side of … [and] date of birth." Cook told her he needed to conduct a computer motor vehicle search to determine the status of her …
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… in other cases is limited. R. 1:36-3. 2 A-4088-16T3 In this commercial mortgage foreclosure action, defendant Simon … Trust),1 and denying defendant's motion to dismiss the complaint. Defendant also appeals from the April 6, 2017 … argues the court erred by rejecting his contention that the complaint was filed beyond the six-year limitations period …
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… to advise him 2 Defendant's filing also included motions to compel discovery previously ordered in the first PCR …
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… respondent Audrey Dunwoody was eligible for unemployment compensation benefits. After reviewing the record before us, … she injured her knee on the job and she filed a worker's compensation claim. Respondent continued to work until … it sent respondent a copy of a letter denying her worker's compensation claim, together with information on how to …
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… real estate. We affirm both orders. The foreclosure complaint filed by Wells Fargo averred that in August 2007, … to cure. 4 A-0247-14T4 Wells Fargo filed a foreclosure complaint on September 3, 2013, and defendants filed a … 2014. This appeal followed. Defendants raise the following points on appeal: POINT I THE MOTION FOR SUMMARY JUDGMENT …
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… BEGYM-MOHOSIN,1 Defendants-Respondents, and DEF INSURANCE COMPANY, Jointly, Severally or in the Alternative, … On September 29, 2014, plaintiff filed a personal injury complaint for injuries she alleged to have sustained in the … This appeal followed. Plaintiff raises the following points on appeal: POINT I THE LEGAL CLASSIFICATION OF AN …
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… and unconstitutional because the municipality did not comply with the notice requirements of N.J.S.A. 39:4-198; … N.J. 403, 415 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Defendant's … or effect unless the same is approved by the [New Jersey Commissioner of Transportation.]" N.J.S.A. 39:4-8(a). By its …
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… for the reasons expressed by Judge Terrence R. Cook, in his comprehensive and well-reasoned June 17, 2014 written … pro se petition. In addition to incorporating defendant's points advanced in support of PCR, PCR counsel raised additional points, arguing that defendant was denied the effective …
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… files of others similarly situated who obtained a waiver recommendation. After the decision in Benjamin, which … This appeal followed. Defendant raises the following points for our consideration: POINT I AFTER THE COUNTY … so lacking in merit. R. 2:11-3(e)(2). Defendant's remaining points concern the analysis of the principles enunciated in …
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… of misconduct against him. Because the case was not complex, the attorney stated that only a brief adjournment … the State agreed to begin the trial on May 24, 2016 to accommodate the prosecutor's need to attend a training … longer able to preside over the case because of other work commitments, and the matter was transferred to another judge …
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… this motion as well. III. Defendant raises the following points for our consideration: POINT I THE FIRST MOTION TO … an open air narcotics market about which numerous civilian complaints had been received. Although that factor alone … mitigating factors found by the trial judge were based upon competent and credible evidence, and the sentence does not …
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… The prosecutor then addressed defense counsel's complaints about the brevity of the reports, explaining: And … above standards, we discern no error in the prosecutor's comments warranting reversal of defendant's conviction. "A … 602, 605 (App. Div. 1993). Furthermore, a prosecutor's comments may be harmless if they are only a response to …
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… thing she heard was the sound of someone being hit and "a commotion." After that she was unable to contact her husband … hearing, Judge Foti denied defendant's PCR petition in a comprehensive written opinion. Addressing the second …
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… reached for her license and registration in the glove compartment, the officer observed multi-colored paper … DEPRIVED DEFENDANT OF A MEANINGFUL OPPORTUNITY TO PRESENT A COMPLETE DEFENSE, VIOLATING HER CONSTITUTIONAL DUE PROCESS RIGHT TO A FAIR TRIAL AND COMPULSORY PROCESS. [U.S. CONST.] AMENDS. VI, XIV; [N.J. …
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… an evidentiary hearing. In the eleven-page opinion accompanying the judge's order, she addressed defendant's IAC … performance that mandates [PCR] . . . . Instead, Petitioner points to numerous instances that illustrate trial strategy … assistance of counsel, a defendant must present legally competent evidence rather than "bald assertions." State v. …
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… 2C:11-3(a)(3). In exchange for his guilty plea, the State recommended a prison term of thirty years with a thirty-year … is clear beyond a reasonable doubt.'" N.J. Republican State Comm. v. Murphy, 243 N.J. 574, 591 (2020) (quoting State v. … not affected by N.J.S.A. 2C:43-7.2(a). Notably, in State v. Comer and State v. Zarate, 249 N.J. 359, 380-81 (2022), our …
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… a bench trial entering a no cause of action dismissing the complaint against defendant New NOT FOR PUBLICATION WITHOUT … a "Club Information Briefing" meeting with the staff. The accompanying presentation identified all staff members as … with prejudice. On appeal, plaintiff raises the following points for this court's consideration: [POINT I] THE TRIAL …