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… in a more detailed analysis, one including findings of fact and conclusions of law, before entry of a final judgment. The facts are undisputed. Able posted the bond on defendant's … bail bondsman's responsibility is to ensure that his client comes to court when required and in this particular instance …
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… appeal from the Department of Labor, Division of Workers' Compensation, Claim Petition No. 2009- 32887. John Burke … that her left leg had gotten worse since the surgery. In fact, he noted petitioner told her doctors she was "better … to the work force on a full-time basis." The judge found as fact that petitioner was "a very sturdy woman with a high …
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… Ramon Espinoza and dismissed plaintiff's personal injury complaint. We affirm the summary judgment order. Plaintiff … that the rain may have washed away some of the salt, those facts were not sufficient, "giving all favorable inferences … the plaintiff," to find that there was "a material issue of fact that the homeowner . . . had knowledge of the …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3413-16T1 THE LOFT COMMONS CONDOMINIUM ASSOCIATION, INC., Plaintiff-Respondent, … Because we agree there was no genuine issue of material fact about this, and because this claim was raised after the … "inadequate" proofs did not show any issue of material fact and were pulled out of "thin air." The counterclaim …
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… and second-degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1(a). Prior to … instead of fifteen years. 3 A-4612-16T2 I. We recite the facts presented during the suppression hearing. Testimony … Delaney could not be called to testify. In point of fact, Delaney was incarcerated in the same county jail as …
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… and C6-7 vertebrae. The doctor performed injections without complications. The discharge instructions informed plaintiff … a dismissal of the action . . . on the ground that upon the facts and upon the law the plaintiff has shown no right to … "[e]xpert testimony is permitted to 'assist the trier of fact to understand the evidence or to determine a fact in …
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… v. ATRIUM EXECUTIVE CENTER, LLC, Defendant, and GEORGE DIEMER, Defendant-Appellant. ______________________________ … Atrium Executive Center LLC2 entered into a lease for a commercial space. Several months later, Diemer executed a … noted that, in responding to plaintiff's statements of facts, defendant denied each fact, but failed to provide any …
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… We remand for further proceedings. The following facts are pertinent to our review. After stopping … the search warrant for the entire vehicle omitted material facts that tended to show the police lacked probable cause … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) the …
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… Insurance Fund (NJIIF), the Borough's insurer, filed a complaint against defendants alleging they breached the … for liquidated damages. We disagree and affirm. The salient facts on summary judgment were not disputed and are … cause to be disclosed, the terms of this Agreement, or the fact that this Agreement exists, except to their accountants …
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… denied summary judgment because there were questions of fact and credibility concerning the affidavits and reports relied upon by DEP to establish that Yates Foil committed the violations. Yates Foil maintains that the … We disagree and affirm. For decades, Yates Foil manufactured electro-deposited copper foil, which it sold to …
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… was not credible. He had no explanation for the undisputed fact that [A.B.] was fine before she transferred to the … a 5 A-2684-16T3 permanent disability is unsupported by the facts and the evidence in this case. In contrast, I FIND … [Filippone's] testimony was credible and supported by the facts and evidence in the case. I FIND that his conclusion …
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… BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company, Plaintiff-Respondent, v. AMBER PAULEY a/k/a AMBER … they produced a document that raised an issue of material fact, we are constrained to vacate the orders, and remand to … standing to foreclose in this matter both by virtue of the fact that the assignment of the mortgage and because it was …
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… defendant United Fire Group (UFG) to dismiss her complaint with prejudice. We affirm. Plaintiff filed a … the trial court must examine "the legal sufficiency of the facts alleged on the face of the complaint." Printing … whether a cause of action is "suggested" by the alleged facts. Ibid. (quoting Velantzas v. Colgate- Palmolive Co., …
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… following: an amended count of third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a)(l), 2C:20-3(a), and … IT PROPERLY DONE SO, IT WOULD HAVE FOUND THAT THE YARBOUGH FACTORS DO NOT SUPPORT IMPOSITION OF CONSECUTIVE SENTENCES. … applicability of the recently enacted sentencing mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14). To evaluate …
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… assistance of counsel (IAC) "due to counsel's fail[ure] to communicat[e]." In an unsigned certification, defendant … case of IAC by a preponderance of the evidence. Viewing the facts in the light most favorable to defendant, the judge … trial counsel was ineffective[] fail[ed] to set forth any factual basis for counsel's deficiencies or how he was …
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… 2018 via certified mail. Wells Fargo filed and served its complaint on appellant shortly thereafter. At some point … the [n]ote." The court found no genuine issues of material fact and granted summary judgment for Wells Fargo. The court … if any, show there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… of the home. The trial judge found that defendant had not committed an act of harassment and plaintiff had not shown … evidence and we discern no error of law. I. We take the facts from the record developed at the trial held on … testimony, the trial judge set forth his findings of facts and conclusions of law on the record. The judge then …
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… Transit Rail Operations, Inc. and dismissing plaintiff's complaint for damages under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. We reverse. The facts are neither complicated nor in dispute. On January 20, … oral decision that did not include detailed findings of fact, the court stated it granted the motion because …
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… to consider whether other specific people may have committed the crimes with which . . . defendant was … N.J. 480 (2017). In our opinion, we described in detail the facts that led to defendant's arrest and conviction and … murders. Latko, slip op at 2-9. We need not repeat those facts here. However, as we observed in our opinion, …
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… for failing to investigate a challenge to a 2008 communications data warrant (CDW) and failing to move for … conducted an evidentiary hearing. We affirm. We derive the facts from our prior decision in the direct appeal. State v. … of possession and distribution of CDS and conspiracy to manufacture, possess and distribute CDS. After his motion to …