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njcourts.gov
… the same reasons set forth by the PCR court. I. The salient facts were previously recounted in our unpublished decision … denied, 237 N.J. 326 (2019). We briefly set forth the facts material to our determination. Defendant's conviction … night of the incident, as the witnesses were unwilling to come to court. Defendant testified on his own behalf. On …
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njcourts.gov
… Foligno (collectively, defendants) and dismissing their complaint with prejudice. The motion judge granted the … in doing so. 3 A-3959-21 I. We take these material facts from the summary-judgment record, viewing the evidence … Action, the CSC adopted the ALJ's "Findings of Fact and Conclusion," affirmed and found justified Michael's …
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njcourts.gov
… motion to suppress and by granting the State's motion to compel a buccal swab for DNA testing of a handgun recovered … and prevailing law, we affirm. I. We discern the salient facts from the record established at the suppression hearing … use initials of the other individuals who are part of the factual underpinnings of this appeal in the interest of …
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njcourts.gov
… defendant Sunnova Energy Corporation's (Sunnova) motion to compel arbitration and stay the proceedings in this contract … Sunnova's motion. The entirety of the court's findings of fact and conclusions of law was: "[a]rbitration provision is … argued the trial court failed to issue findings of fact or conclusions of law addressing their argument that …
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njcourts.gov
… defendant about her decision to plead guilty and the facts supporting her plea. Defendant testified she had … entered the plea and the plea was supported by an adequate factual basis. Following its acceptance of defendant's plea, … from established facts." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Thus, "[t]he …
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njcourts.gov
… defendant Stillwater Property and Casualty Insurance Company, improperly pled as Stillwater Insurance Group … resistive strength of the foundation wall and was the sole factor in the wall falling down. The adjuster noted the soil … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). If an insurance policy is …
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njcourts.gov
… c/o MARV POER, FIRST STUDENT, INC., and JMB LANDSCAPE COMPANY, INC., Defendants-Respondents, and PIPE WORKS … was caused by its negligence. I We derive the following facts from evidence submitted by the parties in support of, … show that there is no genuine issues as to any material fact challenged and that the moving party is entitled to a …
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njcourts.gov
… for possession of 3 A-1660-20 CDS, distribution of CDS, manufacturing of CDS, aggravated assault, aggravated assault on … a grant or denial of a motion to suppress must uphold the factual findings underlying the trial court's decision so … ." Ibid. The Court stated, "[s]everal factors, alone or in combination, may provide sufficient justification to …
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njcourts.gov
… of prevailing law, we reverse. I. We discern the salient facts from the limited record developed at the fact- finding hearing. At the hearing, the Division of Child … gym while Natalie was at work. Natalie requested that Caleb come with her, because Caleb had lost his phone and would …
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njcourts.gov
… ST. PAUL PROTECTIVE INSURANCE COMPANY, Plaintiff-Respondent, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent, and ## … V. Mallon argued the cause for respondent New Jersey Manufacturers Insurance Company (Chasan Lamparello Mallon & …
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS _____________________________________ … showing “that there is no genuine issue as to any material fact challenged and that the moving party is entitled to … evidentiary standard, are sufficient to permit a rational fact finder to resolve the alleged dispute in favor of the …
njcourts.gov
… burglary, N.J.S.A. 2C:18-2; and third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2. In … convictions arose out of the death of R.W. in 2002. The facts of the case were established at trial and detailed in … in 2012. We will only summarize some of the more relevant facts here. 3 A-3982-14T4 On July 30, 2002, R.W. was found …
njcourts.gov
… and (b) for summary judgment and dismissing plaintiffs' complaint with prejudice; and (3) February 17, 2023, denying … as to Locatelli because the opinion was "contrary to the facts." Further, the trial court barred plaintiffs' … mortgage payments" as the "opinion [wa]s contrary to the facts" because "[p]laintiff[s] admitted to falling behind on …
njcourts.gov
… SOLAR FINANCING III, LLC, VIVINT SOLAR REBECCA PROJECT COMPANY, LLC, VIVINT SOLAR FINANCING V, LLC, VIVINT SOLAR … for plaintiff's injuries, we affirm. We summarize the facts from the motion record in a light most favorable to … content with that plan of action. Expressing his dissatisfaction with Vivint Solar, Franco "direct[ed plaintiff] to …
njcourts.gov
… Hannah B. Kurtz and Eric V. Kurtz, dismissing his complaint against them stemming from an automobile accident. … We affirm, as there are no genuine issues of material fact in this record that could render the lawsuit … N.J.S.A. 39:6A-4.5(a) inapplicable. To give context to the facts and procedural history of this case, we first provide …
njcourts.gov
… by defendant, City of Jersey City. Plaintiff filed a complaint on behalf of its members seeking a declaratory … complaint, trial briefs, and court orders. We derive the facts from the allegations pled in the complaint. 4 … motion, a "court must examine 'the legal sufficiency of the facts alleged on the face of the complaint,' giving the …
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… plaintiff met with Gorski, without the children, but accompanied by his sister. Three years later, on October 5, … 140 N.J. 366, 378 (1995). We therefore look at the facts in the light 4 A-0281-17T1 most favorable to … He asserts that the judge made an inappropriate finding of fact that plaintiff was not Gorski's client/patient, …
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… the reasons expressed by Judge Lourdes I. Santiago in her comprehensive written opinion. In lieu of reciting at length … rights, we incorporate by reference Judge Santiago's factual findings because they are (1) The child's safety, … were involuntarily terminated following a trial. The facts underlying the trial judge's decision to terminate …
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… 2007. Defendant pled guilty to both charges without any recommendation by the State as to sentencing at a hearing held … hearing, during which he admitted his guilt and placed a factual basis for each offense on the record. During his … it was defendant's contention that he gave an inadequate factual basis to support his pleas, which were not knowing …
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… for an unpaid credit card debt. We affirm. I. The following facts are taken from the record. Capital One issued … balance of $1748.39. On August 8, 2016, Capital One filed a complaint against defendant in the Special Civil Part … finding that "there is no genuine issue as to any material fact" precluding plaintiff's claim for relief. The trial …