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… 217 N.J. 587 (2014). In our prior opinion we reviewed the facts and issues raised on direct appeal, affirming both the … PLEA TO COUNT FIVE WAS ACCEPTED WITHOUT ADEQUATE FACTUAL BASIS AND THE ENTIRE GUILTY PLEA MUST BE VACATED BY … elements of robbery of Z.D., defendant needed to admit he committed a theft against Z.D. It would not suffice to admit …
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… Following her termination, plaintiff filed a two-count complaint alleging common law wrongful discharge and … 2012. On appeal, Gilliam argues that sufficient material factual disputes existed to withstand summary judgment, the … 10 A-2514-15T1 We affirm substantially for the reasons embodied in Judge Massi's January 8, 2016 opinion and March 4, …
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… entered after the Law Division accepted his guilty plea to committing violations of probation (VOP). Defendant … guilty plea in a manner consistent with Rule 3:9-2. The facts we glean from the record can be summarized as follows. … sentences that would be imposed if defendant did not satisfactorily complete Drug Court. Under defendant's 2009 plea …
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… A/S/O SEAN HOLEY, Plaintiff-Appellant, v. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant-Respondent. Argued … considering all documentation submitted, as the finder of fact I conclude by the preponderance of the evidence that … The express intention of the procedure is "to provide a speedier and less expensive process" for the resolution of …
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… INC., MARIE SCHLATTER AGENCY, INC., and FARMERS INSURANCE COMPANY OF FLEMINGTON, Defendants. … of law, we will review the matter de novo, considering the facts presented by the parties in the light most favorable … adjacent to Mr. Gatto's property. Given the particular facts in the case at bar, however, the court finds no basis …
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… We reverse and remand, finding a genuine issue of material fact as to whether defendant's conduct breached the standard … Life Ins. Co. of Am., 142 N.J. 520, 540 (1995), the facts are as follows. On November 22, 2012, plaintiff Martin … that created a substantial height differential. After the completion of discovery, defendant moved for summary …
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… 2C:35-7.1. After his conviction, defendant pled guilty to committing third-degree possession of CDS, marijuana, with … counts that we directed in our opinion. 3 A-0428-16T4 The facts underlying defendant's convictions are set forth in … the jury that it could accept or reject the stipulated facts in their consideration of the evidence. Defendant …
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… their "Notice of Classification" and the "Total Amount of Uncompleted Contracts" . . . including the same documentation … predated the receipt of bids by several weeks; in fact, both predated the Board's advertisement for bids. … there was no risk to the Board by this . . . defect, if, in fact, it's considered a defect, and without any risk to the …
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… driver, summary judgment and dismissing her personal injury complaint with prejudice. Because the judge misapplied the … N.J.S.A. 59:9-2(e), we reverse. We derive the following facts from evidence the parties submitted in support of and … in granting summary judgment because "a reasonable trier of fact could find that NJT breached the heightened duty of …
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… July 19, 2019 arrest.1 We affirm. We discern the following facts from the record. On December 10, 2019, at … defendant to place his hands on a nearby fence. Defendant complied. The other man voluntarily put his hands on the … Illegal. In reviewing a motion to suppress, we defer to the factual and credibility findings of the trial court, "so …
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… without an evidentiary hearing. We affirm. I. The following facts are derived from the record. In February 2014, two … defendant's car, she shined a flashlight into the passenger compartment. She immediately observed a large silver … the indictment. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) 4 A-0748-19 (risk that …
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… both orders and remand for entry of an order dismissing the complaint. I. The following facts are derived from the record. In 1985, plaintiff … of title appears to have alerted the municipality to the fact that the home had not been demolished. On August 5, …
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… DIVISION DOCKET NO. A-2780-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF M.A., SVP-626-11. ______________________ … resident and that he had never resided in New Jersey. In fact, it appears that his crime occurred during a trip … to those [images] without acting out on them despite the fact that his whole life was focused around acting on it." …
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… 2015) (slip op. at 1-2). We incorporate, by reference, the facts stated in our prior opinion. On October 27, 2017, … ASSISTANCE OF COUNSEL BY FAILING TO CHALLENGE THE FRESH COMPLAINT AND CSAAS[2] WITNESSES AND INSTRUCTIONS. POINT TWO … POINT THREE THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MR. ANGUILLA'S PRO SE CLAIMS. …
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… and its rental properties, collect and distribute rental income, and prepare the properties for sale, and denied … Avenue address ("the subject properties"). The following facts are undisputed. In 1996, third-party defendant … for a constructive trust because genuine issues of material fact existed for trial concerning the parties' course of …
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… opinion of Judge Robert C. Wilson. We need not repeat the factual history of this case as it has been extensively … in Judge Wilson's opinion. Instead, we summarize pertinent facts from the record in the light most favorable to … dissolve. On March 6, 2017, Glazer formed DFH as a holding company for his Ferrell Mittman furniture brand. One week …
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… and MAHER KOUR, Defendants-Appellants and RLI INSURANCE COMPANY, Defendant. ___________________________ Submitted … is limited. An appellate court shall "not disturb the factual findings and legal conclusions of the trial judge … the trial court's "major role is the determination of fact"); Rova Farms Resort, Inc. v. Investors Ins. Co. of …
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… which plaintiff and defendant testified. The following facts are derived from the trial record. Plaintiff and … 3 A-3506-18 at plaintiff's residence. Notwithstanding the fact that the parties testified the relationship ended on … times. Plaintiff testified that defendant's repeated communications and "obsessive behavior" made her "worried …
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… set forth in Rule 4:32-1(a). I. We discern the following facts from the motion record. In 2020, defendant Fein, Such, … 2023, plaintiff filed a single count putative class action complaint, on behalf of herself and other similarly situated … Dugan, 231 N.J. at 50. In doing so, we do not "act as a factfinder with respect to plaintiffs' substantive claims." …
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… of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … the actor is not privileged to infringe, regardless of the fact that the other person might be precluded from civil … purpose to restore only upon payment of reward or other compensation or to dispose or cause disposal of the property …