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… 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 …
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… 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 …
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… denying their cross-motion for summary judgment. Challenger commenced this declaratory judgment action in the Chancery … were denied as the Chancery Judge found there were material facts in dispute. 3 A-3070-22 frontage to a public street … did not require "any analysis of the deed's language; in fact, these theories provide redress where the express …
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… defendant's motion to vacate default and dismiss the complaint; the February 3, 2017 order denying defendant's … there remained "outstanding/unresolved issues of material fact of standing/ownership/ possession of the note [and] … [to -73]. [Rule] 4:46-2(b) provides that all material facts in the movant's statement of undisputed facts which …
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… defendant David Shannon, a former employee who began competing against plaintiff, allegedly using legally … complaint, arguing that genuine issues of material fact remain, warranting a trial. For the reasons that … 9 A-4847-17T3 While the judge noted a potential issue of fact as to whether "defendant downloaded the database …
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… judgment of foreclosure. We affirm. We derive the following facts from the record. On May 16, 2003, defendant's wife, … by her first name to avoid any confusion caused by their common surname and intend no disrespect. 3 A-2613-17T2 was … and defendant took title to the property despite the fact that defendant had not executed either the note or the …
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… 587) appeal from a March 4, 2015 order dismissing their complaint in lieu of prerogative writs challenging … her written opinion, Judge Cassidy reviewed the undisputed facts and found that both Cherokee and Linden 587 lacked … the dismissal, our focus is on the legal sufficiency of the facts alleged on the face of the complaint. Printing …
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… her mother, so Dave could go there. The Division filed a complaint seeking custody of Dave on June 13, 2014, and an … Legal and physical custody of Dave remained with B.R. The fact-finding hearing took place on December 2, 2014. The … court "ha[s] a strictly limited standard of review from the fact-findings of the Family Part judge." N.J. Div. of Youth …
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… summary judgment. We affirm. We derive the following facts from the record. Defendant Aquasid, LLC, is a health … defendant declined his request and charged him $1,256.71, comprised of three months of late fees, a collection fee, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… light of the applicable law, we affirm. I. The underlying facts in this case are set forth at length in our opinion on … N.J. 124 (2016). We therefore limit our recitation of the facts to those relevant to defendant's PCR petition. The … parole supervision for life, N.J.S.A. 2C:43-6.4, and compliance with the requirements of Megan's Law, N.J.S.A. …
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… the following reasons, we affirm. I. The trial court held a fact-finding hearing on March 13, 2017. The Division of … Virtua. On August 8, 2016, the Division filed a verified complaint for care and supervision of D.S. At the hearing on … a time as possible." N.J.S.A. 9:6-8.49. "Title Nine embodies clear legislative commands requiring that Title Nine …
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… applicable law, we affirm. I. We summarize the pertinent facts from the trial record. The State's proofs at trial … that, due to a "glitch in the system[,]" which caused the computer to freeze during the interrogation, the audio … have been given an explanation of the relevant scientific factors for assessing whether the defendant's statement was …
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… Law Division's February 23, 2018 judgment dismissing his complaint in lieu of prerogative writs, which was entered … if you look at the dimensions of the total property, in fact, it did exist as two lots previously. They . . . were … the intent and purpose of the zoning plan; and that the facts, testimony, and exhibits 6 A-3452-17T2 reviewed were …
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… appeal from four orders3 cumulatively dismissing the complaint pursuant to Rule 4:6- 2(e) against the Borough of … is a question for the jury and the judge made findings of fact. Plaintiffs also contend that the court erroneously … is limited to examining the legal sufficiency of the facts alleged on the face of the complaint." Green v. Morgan …
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… City of Wildwood and dismissing with prejudice plaintiff's complaint for failure to satisfy the requirements of the New … after plaintiff's accident. Based on these undisputed facts, Judge James H. Pickering, Jr. granted defendant's … every minor defect could be identified by staff and remedied immediately. . . . . Any defects that might occur to …
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… summary judgment. We affirm. We derive the following facts from the record. Defendant Aquasid, LLC, is a health … defendant declined his request and charged him $1,256.71, comprised of three months of late fees, a collection fee, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… on her whistleblower claims. We affirm. I. The following facts are derived from the record. Kula was a longtime … she was the District Supervisor of Assessment and Social Studies and District Test Coordinator. She was responsible for … that PARCC protocols permit students entitled to an accommodation to "receive two calculators – their grade/course …
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… determined that an 2 Alma does not speak English and communicated with the hospital staff and Division … explain how C.B. suffered the injury. At the subsequent fact-finding hearing, the Division presented testimony from … under N.J.S.A. 9:6-8.46(a)(2). The judge recounted the facts we have summarized. He found both lay witnesses and …
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… of the applicable law, we affirm. We discern the following facts from the record. NJN is a nephrology practice that … dated September 19, 2011. The letter detailed several complaints made against plaintiff by RCP staff that could be … would require submission of the issue to the trier of fact," then the trial [judge] must deny the motion. On the …
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… a March 28, 2018 order dismissing without prejudice her complaint alleging two causes of action under the New Jersey … nothing. Another action may be instituted and the same facts urged, either alone or in company with others as the … court on claims that are fatally flawed and cannot be remedied by amended pleadings, we deem plaintiff's notice of 3 …