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… Roger Malone appeals from a final order dismissing his complaint alleging violations of the Conscientious Employee … 746 (1989). As this was a motion to dismiss, we take the facts from plaintiff's single-count complaint. Plaintiff … 4:6-2(e), contending plaintiff's complaint failed to allege facts sufficient to support a prima facie case of …
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… granting the summary judgment dismissal of their negligence complaint against defendant Town of Westfield (the Town or … judge held plaintiffs failed to raise an issue of material fact demonstrating Westfield had actual or constructive … correct result, even if predicated on an erroneous basis in fact or in law, will not be overturned on appeal." El-Sioufi …
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… In this opinion, we address the dismissal of an amended complaint filed in the Law Division by plaintiff Lawrence … No. A-4121-12 (App. Div. June 30, 2015). We restate the facts from our prior opinion to lend context to the issues … unlike a court that "can consider all judicial remedies," the CSC has no authority to grant plaintiff a compete …
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… the summary judgment dismissal of his personal injury complaint, which alleged that he slipped, fell, and susta … and casino. Because we conclude genuine issues of material fact should have precluded the grant of summary judgment to … that a trial court has broad discretion and a range of remedies to discourage such practice. Last, we emphasize that …
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… Whipple, Rose and Firko. On appeal from the New Jersey Commissioner of Education, Docket No. 231-9/18. Stephen J. … including that the Board failed to provide "'verifiable facts or evidence' to substantiate the cost of educating … a plenary hearing was unnecessary here, where there were no facts in dispute. Instead, the Commissioner astutely …
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… Judge Robert T. Lougy noted in the cogent written opinion accompanying his February 24 order, "TESA is the exclusive and … be advanced to TESA's members, the arbitrator found the facts here distinguishable in two respects. She observed … It argued the arbitrator's award was "based on a mistake of fact, namely, that TESA was a mixed unit 7 A-1973-20 …
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… 18A:66-39(c). The parties have stipulated to the following facts. Vina was employed by Matawan-Aberdeen Regional School … tell the principal I fell?" Vina explained, "I'm not gonna come back in because, I'm just gonna get out of here, … included a long preamble before an actual response which muddied understanding the answer. Also, much of his testimony …
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… a temporary restraining order (TRO), and dismissed N.M.Q.'s complaint and amended complaints filed under the Prevention … in that regard. But, again, I want to reiterate that the fact that she has mental health issues, or that anyone has … law and the legal consequences that flow from established facts." Manalapan Realty, L.P. v. Manalapan Twp. Comm., 140 …
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… TRIAL. POINT II: AS THERE WERE GENUINE ISSUES OF MATERIAL FACTS IN DISPUTE, AN EVIDENTIARY HEARING WAS REQUIRED. … (App. Div. 1999)). The petitioner must articulate specific facts that demonstrate counsel's constitutional deficiency. … to get you." She expressed her anger. She would just make comment like "I am not going to stop until you pay. I am on …
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… ANNUCCI, Plaintiff-Respondent, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. _____________________________ … that the unpaid ancillary services were, in fact, included in the list of covered services authorized in … his power and erroneously applied law to the issues and facts presented." Monmouth sought a modified award, entering …
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… OF MILLVILLE, Defendant-Respondent, and SOUTH JERSEY GAS COMPANY, Defendant. _________________________ Argued … judgment because there is a genuine issue of material fact as to whether the depression or hole is a dangerous … disagree and affirm. I. We discern the following undisputed facts from the parties' Rule 4:46-2 statements and the …
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… 3 A-0757-19 extend, modify, forbear or make any accommodations with regard to the terms of this Security … Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations … however, respond to plaintiff's statement of undisputed facts. With its motion for summary judgment, plaintiff …
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… before an administrative law judge (ALJ), the Assistant Commissioner of the Division of Child Protection and … spoke with Kevin. He admitted having two glasses of rum and Diet Coke "[ten] minutes prior to leaving the home" and … and adopted the ALJ's credibility determinations and factual findings, was amply supported by the substantial …
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… court found defendant in contempt of court for failing to comply with orders to – among other things – pay fifty … AS A RESULT OF PLAINTIFF'S MATERIAL MISREPRESENTATION OF FACTS TO THE ARBITRATOR. POINT II THE TRIAL COURT ERRED IN … HOLDING A PLENARY HEARING TO ADDRESS THE MATERIAL ISSUES OF FACTS. POINT VI THE TRIAL COURT ERRED IN FAILING TO MODIFY …
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… used any force or coercion. On or about May 13, 2013, a complaint was issued for defendant’s arrest stemming from … predator. He isn't a criminal. Please take into account the fact that . . . I was there completely at my own . . . … that defendant expressed remorse for his actions and, in fact, the pre-sentence report indicated his remorse was …
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… OF COUNSEL FOR COUNSEL'S FAILURE TO OBJECT TO PREJUDICIAL COMMENTS DURING THE PROSECUTOR'S CLOSING WHICH WERE NOT … be conducted if there are disputed issues as to material facts regarding entitlement to PCR that cannot be resolved … an evidentiary hearing, we review [their] legal and factual determinations de novo." State v. Aburoumi, 464 N.J. …
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… for the reasons which follow. I. We glean the pertinent facts and procedural history from the record. 3 A-2798-22 … detected the . . . odor of an alcoholic beverage" coming from inside the truck. There were no passengers. Lt. … require a case-by-case analysis of the particular facts presented." McCabe, 201 N.J. at 46. We review de novo …
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… or otherwise any merchandise offered for sale by (name of commercial establishment); 2. That (name of commercial … of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, … defendant did so purposely. An inference is a deduction of fact that may be drawn logically and reasonably from another …
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… displayed, held, stored or offered for sale by (name of commercial establishment) from the container in or on which … of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, … defendant did so purposely. An inference is a deduction of fact that may be drawn logically and reasonably from another …
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… other power, financial instruments, information, data and computer software, in either human readable or computer … or right to such property. An inference is a deduction of fact that may be drawn logically and reasonably from another fact or group of facts established by the evidence. Whether …