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njcourts.gov
… the Township's zoning officer mailed to Starz Discount Oil Company and defendant a "Notice of Violation." The notice … 7 A-1107-17T1 omitted). Appellate review of the findings of fact made by the Law Division is limited. Deference is given to the trial court’s fact and credibility findings when those findings are …
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njcourts.gov
… Cardiology. The lease provides that the property is "completely assigned to" Metuchen Cardiology, which is the … In addition, the court found no genuine dispute of material fact with respect to the tenant having taken exclusive … 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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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … determination of a child’s habitual residence requires a fact-sensitive analysis, considering the totality of … in pertinent part: Because locating a child’s home is a fact-driven inquiry, courts must be “sensitive to the unique …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… a late notice of claim pursuant to N.J.S.A. 59:8-9. The facts submitted on the motion record are undisputed. We … to file a late notice of claim. These are the undisputed facts on the motion record. Plaintiff was a passenger on a … argument is twofold: first, an attorney's ignorance or incompetence does not constitute an extraordinary circumstance …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… advise him of his sentencing exposure if he went to trial compared to the State's more favorable plea offer; failed to … "[I]f counsel makes a thorough investigation of the law and facts and considers all likely options, counsel's trial … 'a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, …
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njcourts.gov
… appeals from an order dated August 25, 2023 dismissing his complaint with prejudice for failing to state a claim. We … in its thorough written opinion . We derive the following facts from the record. Plaintiff incurred a personal loan … any injury or threatened harm; plaintiff failed to allege facts supporting the claim defendant was a debt collector; …
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njcourts.gov
… Given the limited issue on appeal, we discern the salient facts from the record established at the suppression … to the MVR, defendant appeared calm and cooperative. A computer search revealed defendant's driver's license was … different standards. We must "defer[] to the trial court's factual findings" so long as they are supported by …
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njcourts.gov
… 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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njcourts.gov
… court's order granting summary judgment and dismissing the complaint, which had asserted a claim for Nelly's personal … based on his wife's injuries.1 We affirm. I. We glean the facts from the summary judgment record, viewing the facts in the light most favorable to plaintiffs as the …