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… (John E. Ursin and Raajen V. Bhaskar, on the briefs). Douglas R. Cabana, attorney for respondent. PER CURIAM NOT FOR … the Township's zoning officer mailed to Starz Discount Oil Company and defendant a "Notice of Violation." The notice … determine whether either statute fails to give [defendant] fair warning that his or her conduct is prohibited." State …
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… on September 30, 2014, and in accordance with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68, Quicken sent … assigned the mortgage to Quicken, who filed a foreclosure complaint on December 1, 2014. On August 25, 2015, Quicken … to the trial judge's conclusions on issues of law. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). "The only material …
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… temporary restraining order (TRO) and a domestic violence complaint she filed under the Prevention of NOT FOR … because the trial court was unable to fully and fairly assess credibility. Kentucky v. Stincer, 482 U.S. 730, 736 (1987) (quoting Davis v. Alaska, 415 U.S. 308, 316 (1974)); see Amoresano v. Laufgas, …
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… Argued April 11, 2018 – Decided July 23, 2018 Before Judges Fuentes and Manahan. On appeal from the Division of Medical … (1) Verification of Address – Utility Bill; (2) a completed PA-1G-NJR2 forms for September 2014, and September … apprised A.F. that she had twenty days to request a fair hearing and again included the telephone number of …
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… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. In cases such as this, … sexual assault[, N.J.S.A. 2C:14-2(c)(4)]. The State would recommend, I think, to a second-degree, but treating it as a … United States Constitution, and due process and fundamental fairness doctrine inherent in the New Jersey Constitution," …
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… 2C:35-10.5.1 The PNDA charged petitioner with conduct unbecoming a public employee and for the use, possession or sale … the settlement. It then was adopted by the Civil Service Commission (CSC) on September 20, 2016. Petitioner's … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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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 … before trial also are barred from being relitigated." Velasquez v. Franz, 123 N.J. 498, 506 (1991) (citing … was filed in September 2016, the court parties is once fairly litigated and determined it is no longer open to …
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… PDVA. In her TRO application, plaintiff alleged defendant committed the following predicate acts under the PDVA: … other bases for the admission of those documents. Upon the completion of plaintiff's testimony, defendant attempted to … or irrelevant. But the rights of the parties to a full and fair hearing are paramount."). We recognize judges often use …
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… 2 A-3958-17T3 PER CURIAM After a four-day trial in this automobile negligence case, the jury determined plaintiff Ronald … after the accident, plaintiff went to the emergency room complaining of a stiff neck and pain in his back and hand. … question: "[w]hat amount of money would reasonably and fairly compensate the plaintiff, Ronald DeSantis, for his …
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… Submitted September 26, 2018 - Decided Before Judges Fuentes and Accurso. On appeal from Superior Court of New … about the deployment of the passenger-side airbag and comment about it in argument to the jury but could not … and 5 A-4694-16T4 that cumulative error denied him a fair trial. Id. at 6-8. We rejected each of those arguments. …
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… Weber & Collazo, PA, attorneys for appellant Patricia A. Commins (Richard J. Weber, on the brief). Louis E. Granata, … respondent the Estate of Marie O'Shea. PER CURIAM Patricia Commins appeals from the trial court's September 11, 2017 … valuation based on a real estate agent's estimate of fair market value, and insisted upon a formal appraisal. A …
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… we reverse and remand to the Board for a second time to comply with its obligations under N.J.S.A. 40:55D-10(g). … our State and our Nation." As a result, the Master Plan recommended ordinances banning all billboards along the entire … but to remand for adequate fact finding." Smith v. Fair Haven Zoning Bd., 335 N.J. Super. 111, 123 (App. Div. …
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… specified that the client would pay a contingent fee to be computed in accordance with the sliding scale percentages … the "modern rule" is that the attorney may recover the fair value of the services rendered before the discharge, … v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Lastly, to the extent that the former client is found to be …
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… for some of the period of his hospitalization his insurance company refused to cover, but the Division declined to … a request to the Division for a Utilization Review Fair Hearing on behalf of each patient. Each request was … 10:49-7.3(b) states that, "Medicaid . . . benefits are last-payment benefits." This presupposes that administrative …
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… Submitted November 1, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior Court of New … facts. Around 11 p.m. on July 8, 2013, Frison, in the company of friends and family, was returning home after a … that the question of whether a duty exists is one of 'fairness' and 'public policy.'" Wlasiuk, supra, 334 N.J. …
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… Argued October 18, 2017 – Decided Before Judges Fuentes and Suter. On appeal from the New Jersey Department … soliciting bids for a new three-year contract that would encompass the response, clean up and removal of hazardous … arbitrary, capricious or unreasonable, or that it lacked fair support in the evidence." In re Carter, 191 N.J. 474, …
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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 … to the extent that he was deprived of his right to a fair trial. State v. Fritz, 105 N.J. 42, 58 (1987) (adopting …
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… judgment entered after trial and dismissing plaintiff's complaint NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … seller (Seller) to purchase materials on how to become a private investigator. The arrangements were made by … The record establishes that plaintiff was given a fair and impartial trial. Plaintiff's arguments lose sight …
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… argues: POINT I THE TRIAL COURT DENIED THE DEFENDANT A FAIR TRIAL AND DUE PROCESS OF LAW BY FAILING TO INSTRUCT THE … contention in Point I that the 4 A-2119-16T1 judge committed plain error by failing to define "attempt" – as to … counsel did not challenge whether defendant attempted to commit a theft. Defendant had entered the pharmacy, …
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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 … nominee for Countrywide on commercial property located in Fair Lawn. Defendant defaulted on August 1, 2008, and … is the earliest of six years from the date fixed for the last payment or the maturity date, thirty-six years from the …