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… for a final restraining order (FRO), and dismissing her complaint and a January 18, 2019 amended temporary … to -35. We vacate the March 12, 2019 order, reinstate the complaint and TRO, and remand for a new trial. I. The … circumstances of the plaintiff and defendant; (4) The best interest of the victim and any child; (5) In …
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… September 3, 2017, members of the Frate family smelled gas coming from defendant's apartment. They had also smelled gas … Defendant also maintained there was a "severe breakdown" in communications with defense counsel. After conducting a … and further noted defendant conceded it was not in his best interest to represent himself. The next morning, prior …
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… of a $852,100 deposit a buyer made in connection with a commercial real estate sale that failed to close. The buyer … to continue to believe for nearly a month that a mortgage commitment was still in place when, in fact, the commitment … including the interpretation of contract terms. Kieffer v. Best Buy, 205 N.J. 213, 222-23 (2011). With respect to the …
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… entered into a written agreement with Warfel Construction Company (the Warfel contract) for PDP to perform work as a subcontractor for a commercial construction project 3 A-4903-18T3 in Maple Shade … 2018) (observing that a judge in a non-jury trial has the best "opportunity to hear and see the witnesses and to get a …
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… vote scheduled for February 28, 2017, allowing members to become familiar with State School Employee's Health Benefit … there were no letters, emails, or other written communications confirming any verbal agreement regarding … its correction. In this case, the Agreement itself is the best evidence and it contains no reference to dental …
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… obtained dismissal of the remaining count in the complaint. See Villanueva-Arroyo v. Hous. Auth., No. … A. The [Judge] Erred [I]n Failing [T]o Enforce Defendants Compliance With Rule 4:46-2. B. The [Judge] Erred [I]n … a substantive due process violation under the CRA. At best, and in the light most favorable to plaintiff, her …
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… it was only as to that charge. So I've asked everyone to come back, reconvene . . . so that I could correct that … I was never afraid of anything, not afraid to face whatever comes and now I am waiting for. You can imagine who. I want … by two gunshots to the head. Ericka Loaiza was decedent's best friend. She brought text messages exchanged by decedent …
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… in a marked vehicle in an area of the municipality mostly comprised 3 A-5383-17 of summer homes. Because it was … car, Redmond saw a person, later identified as defendant, come out from between two houses. He was wearing dark … type to defendant prior to trial. Tardio's testimony, at best, would have been duplicative of the testimony given by …
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… Apartment, i.e., a residential zoning district, to accommodate a planned 275-unit development, with twenty … percent of the units set aside for low- and moderate- income families. Defendant's property, also referenced in the … the "use of the Giancola property . . . qualif[ied] as a best and nonconforming use because the use existed at a time …
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… filed by defendants that the project, which had already commenced, would be significantly delayed, resulting in … and Northstar Contracting Group, Inc. (Northstar), for "asbestos abatement removal and demolition" work. Dinallo said … consideration of these issues. See, e.g., Kieffer v. Best Buy, 205 N.J. 213, 222 (2011) ("The interpretation of a …
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… of relief under Rule 4:50-1(a), but remand for a more complete statement of reasons from the motion judge about … plaintiff left the marital residence. Plaintiff filed a complaint for divorce on July 18, 2016. Defendant filed a … orders and did so again when she was contentions, and at best would have only had an opportunity to cross examine. …
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… and Ostrer. On appeal from the New Jersey Department of Community Affairs. Roger Elliot Koch argued the cause for … process began in "the first quarter[,]" and the "resolution coincided with the budget adoption[.]" The salaries of more … lacked standing. Our colleagues denied the motions. As best we can discern, appellants argue the undisputed facts …
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… and simple possession convictions because Brown had already completed the three-year probation terms on those charges in … filed this legal malpractice action in July 2016. In his complaint, Brown alleged legal malpractice (count one) and … stated Brown's defense counsel at the time negotiated "the best possible outcome," a drug court probationary sentence. …
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… (the property). According to an investigation report completed for BMS, the property required vapor mitigation. … the contract: [Plaintiff] shall be entitled to additional compensation for work in the event that [plaintiff] … Costs and schedule estimates are based on [plaintiff's] best judgment of the requirements known at the time of the …
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… children together. A dual judgment of divorce, with an accompanying matrimonial settlement agreement, was entered by … at that time." In defendant's eleven-page certification accompanying his application, he certified that Oscar: 1) was … 2014 amendments and interpretive cohabitation decisions. At best, defendant's proofs showed that plaintiff and Oscar …
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… DIVISION DOCKET NOS. A-5657-18T1 A-5658-18T1 SAL ELECTRIC COMPANY, INC., Plaintiff-Respondent, v. THE PIKE COMPANY, INC., WEGMANS FOOD MARKETS, INC., THE FIDELITY AND … v. O'Neill, 217 N.J. 99, 115 (2014) (citing Kieffer v. Best Buy, 205 N.J. 213, 222 (2011)). "Appellate courts give …
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… The trial court thereafter denied defendant's motion to compel the State to disclose the identity of a confidential … "this is for my homie." Defendant said he understood that comment to mean the other person was doing "this" for the … handgun? [DEFENDANT]: Yes. [DEFENSE COUNSEL]: And [to] the best of your knowledge, did the handgun contain dum-dum …
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… Bentsen, on the briefs). 1 Improperly pled in plaintiff’s complaint as Safeguard Properties, LLC. NOT FOR PUBLICATION … the Law Division's November 30, 2018 order dismissing his complaint against defendant American Realty Services Group, … for summary judgment. As to the former, plaintiff was, at best, an incidental beneficiary of the contract, "having no …
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… which plaintiff agreed to broker the sale of an apartment complex located at 406 Deal Lake Drive in Asbury Park, New … Plaintiff brought suit claiming that it is entitled to a commission under the agreement. Plaintiff contends that … v. Willoughby, 230 N.J. 172, 186 (2017) (quoting Kieffer v. Best Buy, 205 N.J. 213, 223 (2009)). Rather, when examining …
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… this appeal. In December 2017, defendant was charged with committing a number of offenses against five prepubescent … to dismiss all remaining charges against defendant and recommended a twenty-year prison term with a twenty-year … agreement. It is well established that: the trial judge is best suited to determine an appropriate and fair sentence …