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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Defender, of counsel and on the brief). Patrick F. Galdieri, II argued the cause for respondent (Andrew C. Carey, … a jury convicted defendant of third- degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2. … shows that defendant only 3 A-2822-15T3 pled guilty to facts establishing a fourth-degree crime. Accordingly, we …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… of a confidential informant (CI). We affirm. The following facts are taken from the record. In February 2014, Detective … additional delivery of cocaine. Defendant told the CI to come to his apartment. Detectives maintained visual … be deemed legally sufficient so long as they contain [] factual assertions which would lead a prudent [person] to …
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njcourts.gov
… the Jersey City Police Department received multiple citizen complaints reporting that a man named "Alexis" was selling … that there were three garages behind the house, when in fact there were five garages. However, he explained that … decision of a suppression motion, we defer to the court's factual findings so long as they are supported by …
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njcourts.gov
… asking you a hypothetical"; and then asked him whether he factored defendant's possession of $775 "into [his] … what I would say was a subtraction of some of the facts and circumstances in this case and I just want to make … Brooks said the scales were kept in the passenger compartment. He did not explain why he possessed so many …
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njcourts.gov
… Oak Park in Oakland. We reverse. We glean the following facts from the record. Around 3:50 p.m. in the afternoon of … parked his cruiser behind the SUV. Griffin, seeing exhaust coming from the vehicle and concluding that it was running, … holding that the 4 A-0641-21 interaction in question was in fact a field inquiry, which did not require constitutional …
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njcourts.gov
… for the reasons which follow. I. We glean the pertinent facts and procedural history from the record. Shortly after … 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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njcourts.gov
… We affirm the convictions and sentence. We summarize the facts from the testimony and evidence adduced during a … POINT II THE COURT BELOW ERRED IN ASSESSING THE AGGRAVATING FACTORS IN SENTENCING. POINT III THE MITIGATING FACTORS IN … Life for a Substantial Period of Time before the Commission of the Present Offense Pursuant to N.J.S.A. …
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njcourts.gov
… 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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A-3174-23 Briefs
Briefs
njcourts.gov
… Essex Fells, New Jersey 07021 973-758-7914 fgenn633@gmail.com Designated Counsel Of Counsel and on the Brief JENNIFER … of Procedural History …………………………………………….... 2 Statement of Facts …………………………………………………………….. 4 Legal Argument Point One - … OF IMPRISONMENT WILL REQUIRE A JURY TO FIND THE NECESSARY FACTS (Not Raised Below) ....... 12 Conclusion …
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njcourts.gov
… we affirm. 3 A-2179-23 I. We glean the following salient facts from the record, viewed in the light most favorable to … nine years old. On November 30, 2021, plaintiff filed a complaint in the Superior Court of New Jersey, Passaic … of [] plaintiff." Finally, the trial court found the mere fact that defendant had a presence in New Jersey was not …