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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… & 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… (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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A-1723-22 Briefs
Briefs
njcourts.gov
… LLC, A NEW ) APPELLATE DIVISION JERSEY LIMITED LIABILITY ) COMPANY, AND EDWARD ) DOCKET NO. A-1723-22 KLOSS, JR., ) ) … PRELIMINARY STATEMENT 1 PROCEDURAL STATEMENT 4 STATEMENT OF FACTS 6 THEORY OF COMMON KNOWLEDGE NEGLIGENCE OF AKR 12 … REST ON SEVERAL iNCORRECT STATEMENTS OF LAW OR FACT (Pa5-Pa15; PalS-Pa29) 33 A. THE COURT BELOW MISSTATED …
njcourts.gov
… James M. McGovern, Jr., of counsel; Katherine B. Galdieri, on the brief). NOT FOR PUBLICATION WITHOUT THE … ripe for summary judgment. Unpersuaded, we affirm. I. We commence our review with the governing legal principles to … of the statutory test necessarily depends on the facts of each case." Int'l Sch. Servs., Inc. v. West Windsor …
njcourts.gov
… South Broadway South Nyack, NY 10906 RE: Fidelity & Deposit Company of Maryland v. Frawley Docket No. BER-L-4103-16 Dear … agues defendant’s motion should be denied, as it is factually and legally meritless. Plaintiff asserts whether … parties’ signing of the agreement in New York is only one factor among others to be considered. Plaintiff adds both …
njcourts.gov
… the cross-appeal as moot. I. We discern the following facts from the record. Plaintiff has three sons, Amir … 2006, Amir became aware that the Securities and Exchange Commission ("SEC") had launched an investigation into the … plaintiff's motion, noting outstanding issues of material fact. HDOX then moved to dismiss for lack of standing. The …
njcourts.gov
… James M. McGovern, Jr., of counsel; Katherine B. Galdieri, on the brief). NOT FOR PUBLICATION WITHOUT THE … ripe for summary judgment. Unpersuaded, we affirm. I. We commence our review with the governing legal principles to … of the statutory test necessarily depends on the facts of each case." Int'l Sch. Servs., Inc. v. West Windsor …
njcourts.gov
… the request as untimely. However, DMAHS sent the letter communicating this decision to the wrong address, and … and (4) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [A.B. v. Div. of Med. Assistance & Health Servs., …
njcourts.gov
… Pravin Patel appeals the Rule 4:6-2 (e) dismissal of his complaint with prejudice against defendants Bharat Mukund … if [it] . . . were to conclude that certain allegations of facts and issues were not previously raised, . . . [Pravin] … 389 N.J. Super. 130, 141 (2006)). "Th[e] doctrine 'embodies the principle that the adjudication of a legal …
njcourts.gov
… consistent with this opinion. I. A. We incorporate the facts and procedural history from our opinion in Oshidar v. … in status from owner to employee, defendant's annual income dropped substantially. He then moved to reduce his … is not, by itself, dispositive either. It is but one ingredient in determining whether the payor 13 A-2553-22 can be …
njcourts.gov
… her house. 4 A-0760-21 On February 1, 2019, APS filed a complaint to have Mantineo adjudicated as an incapacitated … summary judgment motions. Plaintiffs' statement of material facts reiterated the allegations in their complaint. … Allaire's and Ifrah's statement of undisputed material facts. Therefore, those facts are deemed admitted for the …
njcourts.gov
… _______________________________ NEW JERSEY COMMISSIONER OF EDUCATION, Respondent. … applicable legal principles, we affirm. I. We derive the facts from the record in this matter and from the plenary … against A.S. because her disability "may be a cause in fact, [but] it is not the only cause in fact." Thus, the ALJ …
njcourts.gov
… RELATIONS (DEPARTMENT OF CORRECTIONS, JUVENILE JUSTICE COMMISSION, and STATE PAROLE BOARD), Plaintiff-Respondent, … the award was procured by undue means and a mistake of fact. We hold the arbitration award was reasonably debatable … overpayment of state taxes by PBA 105 members would be remedied via their 2022 tax returns because the argument …
njcourts.gov
… plaintiff's, Strategic Development Group, LLC (Strategic), complaint for failure to state a claim upon which relief … dismiss the complaint in lieu of an answer, we recite the facts alleged in Strategic's complaint.1 Strategic was … legal and equitable rights, claims, causes of action, remedies, and the like in connection with [the University's] …