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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY KATHI F. … below the court denies defendant’s motion. I. Statement of Facts and Procedural History On July 23, 2020, the Hunterdon … pleadings filed, the court determined there was an issue of fact requiring a plenary hearing. Specifically, the court …
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… steady long- standing deterioration,' is unsupported by any competent evidence in the record" and would require … will be granted if "there is no genuine issue of material fact and 'the moving party is entitled to a judgment or … To determine whether there are genuine issues of material fact, we consider "whether the competent evidential …
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… for post-conviction relief (PCR). We affirm. The underlying facts concerning the offenses involved in this matter are … No. A-3528-16 (App. Div. Jan. 2, 2019). Therefore, those facts will not be repeated here. In that decision, we … to plead guilty to an offense he maintained he did not commit. See State v. Smullen, 118 N.J. 408, 415 (1990) …
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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … CIMINO, J.T.C. Since there are disputed issues of material fact as to the use of the property, the court denies the … of a matter if there are disputed issues of material fact requiring a credibility determination. Brill v. …
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… op. at 1-3). Therefore, we need only summarize the salient facts. Judge Taylor presided over defendant's jury trial in … a pro se petition for PCR, claiming trial counsel failed to communicate with him, "only visited [him] once at the jail, … defendant [wa]s overwhelming and any issues of disputed facts c[ould] be resolved by reference to the existing …
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… without an evidentiary hearing. We affirm. The underlying facts concerning the offenses involved in this matter are … 1-4), certif. denied, 231 N.J. 118 (2017). Therefore, those facts will not be repeated here. In that decision, we … is based on the factual predicate that the defendant committed the 8 A-1803-20 offense but did not possess the …
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… raising claims of simple negligence. In particular, the complaint alleged that defendant had a duty to provide Alice … any, show that there is no genuine issue as to any material fact challenged and that the moving party 5 A-1930-22 is … imbalance between patients and caregivers, the finder of fact can rely on the theory of res ipsa loquitur to infer …
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… and motion substantially for the reasons set forth in the comprehensive written opinion issued by Judge Edward J. … 2002 and the denial of his third PCR petition in 2022. The facts concerning defendant's conviction are summarized in … FINDINGS THAT THERE WERE NO MATERIAL ISSUES OF DISPUTED FACTS AND THAT AN EVIDENTIARY HEARING WAS NOT WARRANTED WERE …
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… 1, 2007. On February 14, 2008, HSBC filed a foreclosure complaint in the Chancery Division. A month later, on March … the motion, HSBC filed a statement of undisputed material facts detailing the history of the mortgage, and … 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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… penalties were assessed. We affirm. We glean the following facts from the record. At about 3:00 a.m. on June 15, 2014, … uneven. Nonetheless, defendant claimed that he successfully completed the field sobriety tests and attributed the … BURDEN OF PROOF AS TO THE DATE OF THE OFFENSE, AN ESSENTIAL FACT NECESSARY TO ESTABLISH THE BASIS OF THE PROBABLE CAUSE …
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… M. Silkowitz, Assistant Attorney General, of counsel; Jodie E. Van Wert, Deputy Attorney General, on the brief). … is from an order entered on March 7, 2014, following a fact-finding hearing on allegations of abuse or neglect … Permanency's (Division) unopposed request to dismiss its complaint. See N.J.S.A. 9:6-8.70.2 J.C. has five children, …
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… STATE TROOPERS FRATERNAL ASSOCIATION; STATE TROOPERS NON-COMMISSIONED OFFICERS ASSOCIATION; and STATE TROOPERS … other things, of the Division's decision to suspend the factfinding process, discontinue paying step increases as … We conclude that the Division's decision, embodied in the quoted letter, does not constitute a final …
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… DOCKET NO. A-0105-16T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOLDERS OF THE GSAA HOME EQUITY … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor 5 …
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… Appellant appeals from a September 1, 2015 order compelling the Authority and plaintiff County of Bergen to … for repair and maintenance services the company had not in fact 1 Two months after the second amended complaint was … the Authority did not allege Hynes colluded with or was in fact aware the elevator company had overbilled and defrauded …
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… 2C:41-2d, and N.J.S.A. 2C:5-2; first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a and N.J.S.A. 2C:5- 2; … inadequately investigated his case, he must assert the facts that an investigation would have 1 In New Jersey, the … meet this standard because he did not allege "any specific facts to demonstrate [c]ounsel's substandard performance[.]" …
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… Precision Chrysler Jeep Dodge Ram, a Limited Liability Company, Defendants-Respondents/ Cross-Appellants, and BRUCE … the record reveals "no genuine issue as to any material fact" and "the moving party is entitled to a judgment or … should be denied when determination of material disputed facts depends primarily on credibility evaluations. Petersen …
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… THAT SHE WAS OBLIGATED TO "VIEW THE TESTIMONY AND THE FACTS IN THE LIGHT MOST FAVORABLE TO THE . . . STATE" WHEN … BE REMANDED FOR RESENTENCING. We derive the following facts from the record. A grand jury indicted defendant for … a CDS (count five). On count one, the State agreed to recommend a mandatory extended-term of ten years with a …
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… by Synchrony Bank. Defendant claimed there were disputed facts that justified denial of summary judgment. However, … and mere denials, the court found she presented no competent proof that would warrant denying plaintiff's … costs. The court found that no genuine issue of material fact existed which prevented summary judgment in favor of …
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… POINT TWO THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ON [DEFENDANT'S] CLAIM THAT … ABOUT HIS LIFE SENTENCES AND FIND HIM GUILTY. Reviewing the factual inferences drawn by the PCR court from the record … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 5 A-3950-18T1 statement to the …
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… appeals from the January 3, 2020 order, dismissing his complaint with prejudice for failure to state a claim. We … of restating the record, we incorporate by reference the facts set forth in our unpublished opinion, State v. Demby, … Apr. 4, 2008) (slip op. at 1-3), and only highlight the facts pertinent to this appeal. Plaintiff was convicted of …