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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… on Motion NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Samaradasa Weerahandi v. Time/Warner … and Finance, in carrying out their responsibilities. Ultimately, we try to provide useful, analytical information … Cert. ¶3.) Plaintiff described his initial position at the company as follows: Q. Just generally, if you could tell me …
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njcourts.gov
… 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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njcourts.gov
… on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … with violating departmental rules, acting in a manner unbecoming of police officers, and disobeying an order to secure … treat similarly situated employees equally. Id. at 304. The ultimate burden of persuasion remains at all times with the …
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njcourts.gov
… a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … Law plea form and the parole supervision form had not been completed. The judge returned to the bench to ask whether … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. Furthermore, Rule …
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njcourts.gov
… Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … numerous days of testimony, but before the proofs were complete, Dr. Laubach's attorney and counsel for other … Plaintiffs accepted the consulting attorney's ultimate recommendations. However, defendant and his insurer …
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njcourts.gov
… the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … the [CBA]." Standard Motor Freight, Inc. v. Int'l Bhd. of Teamsters, 49 N.J. 83, 96 (1967) (citing United Steelworkers … be a question subject to the grievance procedures, with the ultimate step being binding arbitration. The only limitation …
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njcourts.gov
… others entered into an agreement to sell their shares of common stock in Cispharma and their membership interests in … percent of Cispharma's issued and outstanding shares of common stock. According to the Purchase Agreement, the … Agreement does not exclude indemnification for claims that ultimately fail as a matter of law. Furthermore, while the …
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njcourts.gov
… This dispute arose from three underlying municipal complaints involving defendants against Koka alleging … names in order to differentiate them because they share a common surname. We intend no disrespect. 3 A-0049-19T2 … she was also unprepared to proceed. The second trial ultimately occurred, and Brian and Eglantina testified, and …
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njcourts.gov
… from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … an order to show cause in the Chancery Division seeking to compel a formal accounting and distribution of Trust assets. … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of …
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njcourts.gov
… 1 In his merits brief, defendant does not challenge his concomitant convictions for failure to maintain lane, N.J.S.A. … proved the DWI charge and that the State failed to prove by competent evidence the twenty-minute observation requirement … reduced role to be played by the operator as relates to the ultimate BAC [breath alcohol concentration] results reported …
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njcourts.gov
… for the reasons expressed by Judge Kapalko in his comprehensive and well-reasoned opinions of October 24, 2014 … Specifically, and "recogniz[ing] Section 16-801 may not be compliant with the MLUL (Municipal Land Use Law)," it found … engineer. Judge Kapalko thus noted the "Board Engineer will ultimately be in a position to ascertain that the basins …
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njcourts.gov
… In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … when defendant was admitted to the emergency room, he was complaining of chest pain and anxiety. Patrolman Scott … to the police department, where they were refrigerated and ultimately taken to the New Jersey State Police, Office of …
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njcourts.gov
… until March 2013, when Lumenergi, Inc., a venture capital company he worked for in California, was shut down. 1 Two … 3 A-4716-16T1 Plaintiff was the president and CEO of this company and, when it was shut down, plaintiff moved from … on September 10, 2014, see L. 2014, c. 42, §1, the court ultimately concluded N.J.S.A. 2A:34-23(k) did not apply to …
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njcourts.gov
… each issuing authority by resolution, first approved by the commissioner, may impose any condition or conditions to the … issuance of any license deemed necessary and proper to accomplish the objects of this chapter and secure compliance … The Town contends the Director's decision to stay and ultimately void the special condition on Iron Bar's license …
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njcourts.gov
… DIVISION DOCKET NO. A-1266-19T1 SELECTIVE AUTO INSURANCE COMPANY OF NEW JERSEY, Plaintiff-Respondent, v. RAYMOND … judgment in favor of plaintiff Selective Auto Insurance Company of New Jersey (Selective). We affirm. I. On August … favors" subrogation as "a device of equity to compel the ultimate discharge of an obligation by the one who in good …
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njcourts.gov
… of Hartz's property to operate a restaurant in a large commercial complex located in Secaucus. Section 6.2 of the lease … differently to exclude claims for Hartz's negligence." Ultimately, the judge denied the motion. The parties …
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njcourts.gov
… when he would be reinstated. He generally described his income, expenses, and financial situation, and provided a case … and challenging plaintiff's representations about his income, assets, and ability to pay. The GAL acknowledged that … afford to pay the $500 and $1,500 monthly amounts the court ultimately ordered, and the court found more credible the …