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… stop of an automobile is based upon a traffic violation committed in his presence"; "that the 1 The rebuttable … probable-cause Fourth Amendment analysis"). Here are the facts adduced at the suppression hearing. On a November … 249 N.J. 509, 526 (2022). We defer to the trial court's factual findings on the motion unless they were "clearly …
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… and Jacobs. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2020-980 and 2020-1951. Michael … falsification: "[i]ntentional mis-statement of material fact in connection with work, employment, application, … falsification: intentional misstatement of material fact in connection with work, employment application, …
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… (CSA). We affirm. The parties are familiar with the facts, which we need not repeat in detail here. To … termination. Three of the seven counts alleged conduct unbecoming, and the remaining four counts were for neglect of … the arbitrator erred because she did not consider certain factors to find just cause for his termination and did not …
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… remand for further proceedings. I. We derive the following facts from the record and our prior opinion denying … were called to investigate a disturbance at an apartment complex in Lindenwold shortly after midnight on April 20, … on appeal: POINT I AS THERE ARE GENUINE ISSUES OF MATERIAL FACT IN DISPUTE, THE PCR COURT ERRED WHEN IT DENIED …
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… the Family Part's September 18, 2020 order,2 following a fact-finding hearing, determining that defendant abused or … We disagree with defendant's contentions. A trial judge's fact-findings will be upheld on appeal if they are … 217 N.J. at 552-53 (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). If the trial …
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… used a cash management system that included routine inter-company fund transfers. Plaintiffs ascribed no tax … A taxpayer’s showing of “[a]n honest misunderstanding of fact or law that is reasonable in light of the experience, … taxpayer has exhausted its administrative or judicial remedies,” provided that “[t]he action or proceeding involves a …
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… neglect for his late filing or that if defendant's factual assertions were found to be true, enforcement of the … novo standard of review also applies to mixed questions of fact and law. Id. at 420. Where, as here, an evidentiary … sufficient to undermine confidence in the 7 A-2229-22 outcome.'" Gideon, 244 N.J. at 550-51 (alteration in original) …
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… & DEVELOPMENT, INC., Plaintiff-Respondent, v. 322 COMMERCIAL AVE., LLC, Defendant-Appellant, and DREAM USA … Inc. following a bench trial. We affirm. We glean the facts from the trial record. This matter involves a property … the judge concluded defendant failed to establish the other factors necessary for a quasi- easement. Further, as to …
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… expressed in Judge William G. Mennen's well-reasoned and comprehensive opinions. I. The parties are fully familiar with the procedural history and facts of this case and only the salient facts re set forth herein. We need not reiterate the facts …
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… A-3008-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ZABDIEL VARGAS, Defendant-Appellant. _______________________ … N.J.S.A. 2C:11-4(b)(1), in exchange for the State's recommendation that he serve a sixteen-year prison term … defendant's plea, after defendant provided a sufficient factual basis. In February 2015, Judge Wigler sentenced …
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… ("Century 21") and Ken Song ("Song") and dismissing the complaint against them with prejudice. We affirm. Ward's … settled their claim with Ward. I. We discern the following facts from the motion record, considering them in the light … to as the "Open House Don't" list, as evidenced by the fact that the dogs were restrained and crated at the time …
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… reasonable, articulable suspicion. We gather the following facts from the record developed at the suppression motion. … speaking to Mack, Verwey "smelled the odor of marijuana coming from inside the car where he was seated." Verwey then … the police did not have a "specific and articulable set of facts to rely upon to justify the motor vehicle stop" …
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… to the work after a meeting at which he received an unsatisfactory performance appraisal. The Board also directed that … decision and remand the matter for consideration anew. The facts derived from the record are summarized as follows. … when Delgado left a meeting with his supervisor and the company's vice president to discuss his job performance. …
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… JERSEY, in his official capacity, MARCUS O. HICKS, ACTING COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF CORRECTIONS, in … complaint with prejudice, stating it had failed to "plead facts establishing an actual controversy." 5 A-5465-16T3 … granted is 'whether a cause of action is "suggested" by the facts. '" Teamsters Local 97 v. State, 434 N.J. Super. 393, …
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… their answer, and denied their cross-motion to dismiss the complaint. We affirm. On November 2, 2006, Yakov Rychik … asserted that there was a genuine issue of material fact as to whether plaintiff had standing to foreclose. They … They maintain there are genuine issues of material fact as to whether plaintiff has standing to foreclose. When …
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… Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Respondent. __________________________ … has intentionally concealed or misrepresented any material fact or circumstance relating to this insurance, whether … 725 F.2d 179, 183 (2d Cir. 1984)). Applying the law to the facts, the judge found: Now, in this case, obviously …
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… of the July 7, 2017 order. We affirm. I The salient facts, derived from the motion record and viewed in the … BECAUSE THE EVIDENCE PRESENTED GENUINE ISSUES OF MATERIAL FACT THAT WERE DECIDED BY THE TRIAL JUDGE INSTEAD OF A JURY. … v. Bhagat, 217 N.J. 22, 38 (2014). We must "review the competent evidential materials submitted by the parties to …
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… and Michael Anthony Mattessich, on the brief). Giblin, Combs, Schwartz, Cunningham & Scarpa, attorneys for … affidavit of merit. We reverse. We begin by summarizing the facts, viewed in the light most favorable to plaintiffs in … the law of the case. "The 'law of the case' doctrine embodies 'the principle that where there is an unreversed …
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… pills, which defendant stated were his. In an after-market compartment in the car, commonly known as a "trap," the … Defendant was charged in a complaint with first-degree manufacturing/distribution of five ounces or more of a … evidence under N.J.S.A. 2A:162-19(e)(2). The findings of fact and conclusions of law in the court's written companion …
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… THIS MATTER TO THE [OAL] FOR A HEARING TO DEVELOP A FACTUAL RECORD[,] THE BOARD DEPRIVED [FAVRETTO] OF HIS … V SINCE THE BOARD FAILED TO ORDER A HEARING TO DEVELOP A FACTUAL RECORD ON THE ISSUE OF WHETHER [FAVRETTO'S] CONDUCT … is discretionary. In re Xanadu Project at the Meadowlands Complex, 415 N.J. Super. 179, 188 (App. Div. 2010); In re …