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… law, we affirm. I. A. We incorporate by reference, the facts and procedural history stated in our prior opinion. … denied, 252 N.J. 143 (2022). We provide only the salient facts from the record to give context to this particular … . . . ." Id. at 689. As such, a defendant "must overcome the presumption that, under the circumstances, the …
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… and permit to purchase a handgun. We affirm. We recite the facts and procedural history from the record. The judge held … admitted to leaving a voicemail on the manager's phone. In fact, the record reflected two voicemails were left on … a temporary restraining order (TRO) wherein she alleged he committed harassment and stalking. Esposito was served with …
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… Plaintiff JZS Madison, LLC (JZS), a real estate development company, appeals the Law Division's June 10, 2022 order … New Jersey's substantial interest is established by other facts uncovered in targeted discovery. We are not persuaded. … a products- liability action against a pharmaceutical manufacturer within New Jersey's statute of limitations but …
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… their own free will and volition with full knowledge of the facts to the legal rights and obligations of each, and that … seizure, two aneurysms, heart attack and went into a coma for [twenty-three] days." She told the court these … plenary hearing or creates an 5 A-2878-22 issue of material fact" and characterized defendant's claim as "merely a self- …
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… from two summary judgment orders. The first dismissed her complaint against defendant Hakim Sims. The second dismissed … following points: POINT I [THE TRIAL COURT'S] STATEMENTS OF FACTS ARE INCORRECT, THUSLY LEADING TO INCORRECT CONCLUSIONS … UNDER COUNTS THREE AND FIVE. POINT III THERE IS NO LEGAL OR FACTUAL BASIS TO DISMISS THE NJLAD COMPLAINT AGAINST THE …
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… POINT I THE MATTER SHOULD BE REMANDED FOR ADDITIONAL FACTUAL FINDINGS AND A NEW DECISION REGARDING SUPPRESSION OF … DECLARED THAT SHE WAS NOT OBLIGATED TO RESOLVE A CRITICAL FACTUAL DISPUTE IN THE TESTIMONY. Having considered the … defendant being placed in [hand]cuffs. It is reasonable to complete it before the officers can turn their backs and …
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… In response, her plea counsel submitted a memorandum of compelling reasons in support of defendant's PTI … POINT III AS THERE WAS A GENUINE DISPUTE OF MATERIAL FACT, AN EVIDENTIARY HEARING WAS REQUIRED. 7 A-3019-17T1 II. … in consultation with [Prosecutor] Imhof . . . reviewed the facts, spoke to the victims, reviewed our mitigating …
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… AT LAW, LLC, Plaintiff-Appellant, v. THE HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendant-Respondent, and SUBURBAN … the reasons that follow, we affirm. We derive the following facts from the motion record, viewed most favorably to … a sufficient disagreement to require submission to a [fact finder] or whether it is so one-sided that one party …
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… 220 N.J. 101 (2014). We incorporate by reference the facts set forth in our unpublished opinion: In brief, the … to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge … equivalent" to the grounds for the prior claim). In fact, the PCR judge observed that two of defendant's PCR …
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… ESQ., Defendants-Respondents, and FRAZER EVANGELISTA & COMPANY, LLC, and RALPH J. EVANGELISTA, Defendants. Argued … as premature; and (6) the motion judge improperly relied on facts outside the record.2 We do not find these arguments … N.J. 246 (2001)). B. The entire controversy doctrine "embodies the principle that the adjudication of a legal …
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… his adjudication of delinquency for an act which, if committed by an adult, would constitute fourth- degree … her phone was missing. . . . . Based on those findings of fact, namely the fact that [J.L.] had [] approached the desk and was looking …
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… to three other separate crimes: fourth- degree violation of community supervision for life, N.J.S.A. 2C:43-6.4(d); … supported by substantial, credible evidence. I The relevant facts were established at an evidentiary hearing. Five … opinion, dated April 29, 2015, detailing his findings of fact and conclusions of law. II. Defendant now appeals the …
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… OF COUNSEL AND THERE WERE GENUINE ISSUES OF MATERIAL FACT IN DISPUTE, THE PCR COURT ERRED WHEN IT DENIED HIS … legal standards and affirm. Previously, we related the facts in detail in our affirmance of defendant's conviction … 2010, defendant, who was then fifteen years old, and an accomplice, R.J., jumped into the car of a …
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… granting summary judgment dismissal of his trip-and-fall complaint. After picking up medication from a medical … reasonable steps to remediate the condition. We view the facts in a light most favorable to plaintiff as the … party, show that there are no "genuine issues of material fact" and that "the moving party is entitled to summary …
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… 4 A-2561-18T3 of time and there is a sufficient average income from that use. Byram Twp. v. Western World, Inc., 111 … The Tax Court determined plaintiff only contested the first factor under the farmland assessment eligibility … in view of the unavoidable effect of time on value." Gottdiener v. Township of Roxbury, 2 N.J. Tax 206, 215 (Tax Ct. …
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… observations. Defendant's contention is belied by the fact that while 6 A-0330-19T3 the judge's decision states … to the Law Division, that "court makes its own findings of fact and conclusions of law but defers to the municipal … 157 (1964)). A Law Division judge must "determine the case completely anew on the record made in the [m]unicipal …
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… intentional infliction of emotional distress, aiding the commission of a tort, and conspiracy, based on defendant's … firm, Ziegler, Zemsky & Resnick, LLC (ZZR), based on the fact that an attorney at ZZR had previously represented … any memory of any information related to the case. In fact, I doubt I could even pick [d]efendant out in a crowd. …
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… mindful those who traffic in narcotics and weapons often come to this area from Texas, the detective eventually … the prosecutor wrote generally that, after reviewing "the facts of defendant's case" and in consideration of N.J.S.A. 2C:43- 12(e), Rule 3:28, and the Guidelines' third factor – which creates a presumption against PTI admission …
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… ruling, we affirm. I. Because we outlined the underlying facts at length in the decisions resulting from defendant's … II and III, respectively), we provide only a summary of the facts pertinent to this appeal. Defendant was found guilty … 3:2[1]-10(b)(5), REGARDING THE TRIAL COURT'S FAILURE TO COMPLY WITH THE STRICTURES OF RULES 3:9-1(e) and 3:9-3(g).3 …
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… cooperation testimony. Although we deemed the lieutenant's comments to be improper and objectionable, we concluded they … I. We presume the parties are familiar with the pertinent facts and procedural history leading to this appeal, which … defendant's PCR petition, Judge Gizinski found that "[n]o facts ha[d] been presented to this [c]ourt that would …