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… and was primarily used to ensure the children were completing their homework. Although the victim had never … which the victim would regularly use to take baths . It was common for other members of the household to enter to use … as a whole is misleading, or sets forth accurately and fairly the controlling principles of law." State v. Baum, …
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… WINDUSTRIAL SUPPLY CO., INC. d/b/a NEWBURGH WINDUSTRIAL COMPANY, Defendant-Respondent. ___________________________ … and "wholesaler of industrial supplies and equipment for commercial contractors." The parties entered into a contract … (3) breached the implied covenant of good faith and fair dealing; (4) promised to provide "certain pipe products …
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… officers found three wax folds of suspected heroin and one plastic bag of suspected cocaine in his possession. After the … and defendant's person, because he believed defendant had committed CDS-related criminal offenses. The detective … cause for the issuance of a search warrant requires a fair probability that contraband or evidence of a crime will …
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… Smith and Perez Friscia. On appeal from the New Jersey Commissioner of Education, Docket No. 10-12/22A. Oded … appeals from the final agency decision (FAD) of the Acting Commissioner of Education (Commissioner) upholding the New … October 2012, she applied to the Department of Community Affairs (DCA), Sandy Recovery Division, for relief funds. She …
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… orders. The parties were married in 1985. Plaintiff filed a complaint for divorce from defendant on February 11, 2020. … worse, the parties engaged in—were engaged in settlement communications and discussions; is that correct? [D … discussions with my client that if we could not get a more fair proposal, to accept the proposal that [plaintiff's …
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… OF THE BOROUGH OF SADDLE RIVER and THE MICHAELS DEVELOPMENT COMPANY I, LP, Defendants-Respondents. … III, argued the cause for respondent Michaels Development Company I, LP (Day Pitney NOT FOR PUBLICATION WITHOUT THE … 195-4, and approval of 1 In early 2020, the Borough, the Fair Share Housing Center and the Saddle River Investors, …
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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 … The maxim res ipsa loquitur, meaning "'the thing, or affair, speaks for itself,'" symbolizes a permissible …
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… detected the . . . odor of an alcoholic beverage" coming from inside the truck. There were no passengers. Lt. Loos observed that defendant's eyes were "glassy and moderately bloodshot." Defendant admitted to the … points: A. The Trial Court Deprived Defendant of a Fair DeNovo Hearing Requiring Reversal 7 A-2798-22 B. The …
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… and Marczyk. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-179. Michael P. DeRose argued … Attorney General, attorney for respondent Civil Service Commission (Paulina R. DeAraujo, Deputy Attorney General, on … arbitrary, capricious[,] or unreasonable, or that it lacked fair support in the evidence, or that it violated …
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… 2C:12-1(b)(4) (count four); and second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2(a)(1) and … aggravating factors three (the risk that defendant will commit another offense) and nine (the need for deterring … the court found the overall sentence was not "unjust or unfair given the gravity of what occurred." The court also …
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… each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the … Procedure Act" (APA), N.J.S.A. 52:14B-1 to -24. Lastly, the Town contends evidentiary rulings, and OAL's … the record, see N.J.S.A. 52:14B-10(c), denied the Town a fair hearing and violated its due process rights. We have …
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… March 3, 2017 and June 9, 2017 orders dismissing their complaint against Kean University (Kean) and its employees. … (6) "Breach of Implied Covenant of Good Faith and Fair Dealing"; (7) "Breach of Oral Contract"; (8) "Failure … professors have been relegated to a "precariat" or "serf" class. Plaintiffs also allege that as a student, Lewis was …
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… he was charged with two counts of retail theft, a Class B misdemeanor. On February 10, 2014, Carvounis applied … Rehabilitative Disposition 4 A-4438-17T2 (ARD) program. He completed all conditions of the program on August 25, 2014, … of the circumstances, as to be shocking to one's sense of fairness." Ibid. (quoting In re Carter, 191 N.J. 474, 484 …
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… JOHN DIXEY, SHEILA DIXEY, FIRST AMERICAN TITLE INSURANCE COMPANY, FRANKLIN AMERICAN MORTGAGE COMPANY, and WELLS FARGO … Plaintiffs did not present evidence of the property's fair market value from a qualified real estate appraiser. … entitled to a judgment or order as a matter of law." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… TO PREVAILING CASE LAW. B. THE DOCTRINES OF FUNDAMENTAL FAIRNESS AND MANIFEST INJUSTICE REQUIRE A RETROACTIVE … Interest of J.F., 446 N.J. Super. 39 (App. Div. 2016). In a comprehensive written opinion, Judge Moynihan denied the … up, and would put him "up there towards the Big Homies." Lasheem Lee was one of the so-called "Big Homies." Earlier …
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… Bayview's motion for summary judgment on its amended complaint and striking defendants' answer; (4) a March 28, … section (a), "six years from the date fixed for making the last payment or maturity date set forth" does not contain … because Bayview "sent a NOI that did not comply with the Fair Foreclosure Act." According to the judge, the NOI was …
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… when he invoked his right to remain silent; his subsequent communications with the officers who came into the interview … himself in for questioning. Defendant stated he was "in Glassboro and that he needed a ride" to the police station. … DEFENDANT OF HIS CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL. U.S. CONST. AMEND. VI, XIV; N.J. CONST. ART. I, …
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… but knew his brother, a fellow freshman in her high school class. S.D.'s mother, A.R., testified she sent defendant a … him to delete her daughter as a friend and not to communicate with S.D. again or she would go to the police. … BURDEN OF PROOF, DEPRIVED DEFENDANT OF DUE PROCESS AND A FAIR TRIAL AND NECESSITATES REVERSAL OF HIS CONVICTION. (NOT …
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… REQUESTED BY DEFENSE, DENIED MARTIN DUE PROCESS AND A FAIR TRIAL. A. Because Failure to Turn Over the MVR … the Defendant's Theory of the Case was that a Third Person Committed the Burglaries, and Because this Theory was … so as to shock the judicial conscience." State v. Fuentes, 217 N.J. 57, 70 (2014) (quoting Roth, supra, 95 …
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… Argued September 21, 2016 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from the Superior … the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … and proper [jury] charges are essential [to] a fair trial." State v. Baum, 224 N.J. 147, 158-59 (2016) …