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… lockdown. 3 A-1792-21 On May 6, 2020, plaintiff filed a complaint against defendant in the Law Division in Morris … for nonpayment of rent. Plaintiff later amended the complaint alleging defendant abandoned the property and … conduct discovery in those matters. The Morris County judge ultimately dismissed both parties' complaints with …
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… transcript and call log established. He 6 A-2049-20 claims competent counsel would have highlighted this discrepancy … Gonzales stated that he arrived on scene 'around 2:30' and completed the arrest 'maybe several minutes later.'" The … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. '" Porter, 216 N.J. at 355 …
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… N.J.S.A. 2C:15-1(a)(1) and (2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 2C:15-1(a)(1) and … that a robbery had occurred, and that the [d]efendant had committed the robbery." Therefore, defendant's arrest "was … police officer." Ibid. (quoting Pringle, 540 U.S. at 371). "Ultimately, '[p]robable cause exists where the facts and …
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… possession of a firearm, a 9 millimeter Kel-Tec, while committing, attempting 3 A-1649-21 to commit, or conspiring to commit a drug offense within 500 … his home." In addition, although acknowledging the officers ultimately secured a search warrant for the apartment, …
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… was under twenty-six years of age when the offense was committed. N.J.S.A. 2C:44-1(b)(14). Defendant was … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … to manslaughter "was sorely tested by the evidence," and ultimately rejected by the jury. Id. at 401. Although …
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… August 27, 2021 order that dismissed with prejudice their complaint against Frank Ortega (Ortega) and Ortega & Di Leonardo (O & D). The motion judge dismissed the complaint based on the entire controversy doctrine, as well … an accountant for negligence, the claimant must plead and ultimately prove the three elements set forth in the Act. E. …
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… a plea agreement pursuant to which the State agreed to recommend a nineteen-year sentence subject to the requirements … aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); five, a … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Porter, 216 N.J. at 355 …
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… dispute in its proper context. I. Global's amended verified complaint alleged the following. Global entered into a lease … damages, and a declaratory judgment that defendants had committed an anticipatory breach of the lease. Defendants … militates against their privileged status. Any documents ultimately ordered to be produced shall be redacted to omit …
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… trial court's order dated August 25, 2021, dismissing her complaint with prejudice pursuant to Rule 4:37-2(b). The … we vacate the order dismissing plaintiff's 3 A-0330-21 complaint and remand for a short period of discovery to … part company with the trial court only on the issue of the ultimate dismissal of the case. First, we do not view the …
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… CITY OF ELIZABETH, Plaintiff, vs. THE REINFORCED EARTH COMPANY, ELIZABETH METROMALL, LLC, NEW JERSEY METRO MALL … or constructed defective materials in relation to the Complaint, Defendants. Rule 4:6-2 provides: SUPERIOR COURT … of the bargain for the product; and (3) that the product ultimately did not conform to the affirmation, promise or …
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… libel against defendants. We affirm. Because the complaint was dismissed prior to the filing of any … or discovery, we rely on the allegations set forth in the complaint. Plaintiff Dr. Ulrich Rohde is the Chairman of … contractual claims. We find an analysis unnecessary. Ultimately, after considering the choice of law issue, the …
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… classification as a Tier Two offender under Megan's Law and community notification requirements. M.J.B. is a convicted … and place of employment, triggering a tier designation and community notification re- evaluation. The State reviewed … [RRAS] score suspect." Id. at 69. The trial court has "the ultimate authority to decide what weight to attach to the …
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… to post-conviction relief due to several 6 A-3045-20 errors committed by her trial attorney constituting ineffective … his "fiancé's cousin." Ghaffari did not believe defendant committed the alleged offenses, and he began conducting his … recall certain information when pressed . . . ." The court ultimately rejected Ghaffari's testimony as being mostly …
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… certain-persons charge. In return, the State agreed to recommend a sentence of seven-years imprisonment with a … with a five-year parole ineligibility period along with accompanying fines and penalties. Defendant did not appeal his … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… from the May 3, 2021 Law Division order dismissing his complaint with prejudice for failure to state a claim upon … which relief can be granted, R. 4:6-2(e). The two-count complaint asserted causes of action based on breach of duty … residence, Albert alleged that "instead of dividing the ultimate ownership of th[e] . . . property as intended . . . …
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… to his whereabouts on the evening of the stop. 3 A-2635-21 Ultimately, in this two-witness trial, the municipal court … court's credibility findings. He "determine[ed] the case completely anew." Nonetheless, he agreed with the municipal … observations of the character and demeanor of witnesses and common human experience that are not transmitted by the …
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… and Vinci. On appeal from the New Jersey Civil Service Commission, Docket No. 2022-909. Jacobs and Barbone, PA, … General, attorney for respondent New Jersey Civil Service Commission (Levi Malcom Klinger-Christiansen, Deputy … the policy knowingly or unknowingly was not material to the ultimate level of discipline imposed. Pollock's claim that …
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… and Paganelli. On appeal from the New Jersey Civil Service Commission, Docket No. 2023-717. Rimma Razhba, Deputy … Malone argued the cause for respondent Civil Service Commission (Pashman Stein Walder Hayden, attorneys; Timothy … [CSC], based on the [ALJ's] [f]indings of [f]acts[,] . . . ultimately concluded . . . a six-month suspension was …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2018-10081 and 2018-10084. … Bello appeals from a New Jersey Division of Workers' Compensation order entered on April 19, 2022, following a … exposure, rather than their own independent diagnosis. Ultimately, Dr. Kipen concluded within a reasonable degree …
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… principal in the event an action or proceeding is commenced against Distinguished Homes. The first of these … loan repayment, on December 14, 2018, Kurz Capital filed a complaint in the Law Division against Distinguished Homes … money damages, relief was unlikely in any event. The court ultimately denied the application. N.J.S.A. 2A:15-6 allows a …