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… and applicable law, we affirm. I. We summarize the salient facts and procedural history, which are largely undisputed. … Thereafter, Howard separately told O'Grady they were coming from Hillside and that defendant was his "friend," … "O'Grady's testimony to be credible as his assertion of the facts was consistent with the [BWC] footage submitted into 6 …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PREFERRED HOME HEALTHCARE AND NURSE … burden under the Court Rules and case law. Although the facts differ slightly because the movant is a party to the contracts but not a party to the litigation, those facts do not ultimately change the analysis, which must be …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS HEATHER GRIECO, Plaintiff, v. BOROUGH … on October 2, 2015, and reserved decision. FINDINGS OF FACT On July 6, 2015, plaintiff submitted an OPRA request to … catalyst, it must be demonstrated that there exists “(1) a factual causal nexus between plaintiff's litigation and the …
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… NOT TO BE PUBLISHED WITHOUT APPROVAL FROM THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … VINCENT TERRIBILE, and WILLIAM YAEGER; Defendants. 2 FACTUAL BACKGROUND THIS MATTER arises out of a claimed … is contingent on a finding that Defendants are, in fact, in breach of a representation or warranty in the SPA. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2691-10T2 COMPREHENSIVE PSYCHOLOGY SYSTEM, P.C., Plaintiff-Respondent, … results achieved, time expended and all other relevant factors, $6,500 is awarded to [plaintiff] as a reasonable … arbitration contract, which is to provide an effective, expedient, and fair resolution of disputes . . . be severely …
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… other things, the trial judge mistakenly failed to view the facts in the light most favorable to plaintiffs or give … the benefit of reasonable inferences emanating from those facts. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, … and (3) the claim that defendants engaged in unfair competition. A-1340-13T2 3 In applying the Brill standard, …
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… million in assets. Ellas, a New Jersey limited liability company, was formed on February 11, 2005. Nicholas and … as discovery had not begun and there were material factual issues in dispute. The judge concluded discovery was … law and the legal consequences that flow from established facts are not entitled to any special deference." Rowe v. …
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… On January 14, 2022, the trial judge issued an order accompanied by a written decision denying defendant's motion … "[c]onsidering the totality of the circumstances, the facts . . . support[ed] a finding of reasonable and … and reserved the right to appeal. We recite the salient facts elicited at the suppression hearing. The State …
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… (Anthony Scordo, on the brief). Law Office of Frank A. Viscomi, attorneys for respondent (Jason B. Levoy, on the … judge determined there were no genuine issues of material fact. Plaintiff's complaint contended 5 A-2317-21 permanent … empty words that do not create a genuine issue of material fact. This appeal follows. We granted plaintiff's motion to …
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… classification as a Tier Two offender under Megan's Law and community notification requirements. M.J.B. is a convicted sex offender. The facts related to M.J.B.'s convictions for two separate … not find M.J.B.'s expert presented sufficiently reliable studies or data relied upon by other professionals who …
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… principal in the event an action or proceeding is commenced against Distinguished Homes. The first of these … First, it argues there were disputed issues of material fact regarding SERPT's knowledge concerning Kurz's Capital's … property. A. Kurz Capital argues material and disputed fact questions exist regarding SERPT's knowledge regarding …
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… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1989. Arnold S. Cohen argued the … a clear, material error when it rejected the findings of fact and recommendation of the administrative law judge … leave time to cover his absence.2 Because Abrams did in fact have sufficient accrued compensatory 2 After the …
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… we affirm. I. We need only briefly summarize the pertinent facts, which are recounted in detail in our direct-appeal … she didn't want to go with him because her boyfriend had come to pick her up and she was going to go with him." … burden, the petitioner must allege and articulate specific facts, "which, if believed, would provide the court with an …
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… Plaintiff-Respondent, v. CHICAGO TITLE INSURANCE COMPANY, TOP SHELF MANAGEMENT, LLC, MAURVINO REALTY GROUP, … of Pittsburgh, 224 N.J. 189, 199 (2016), the pertinent facts are as follows. Plaintiffs entered into a Power … court determined there were no genuine issues of material fact presented to support plaintiffs' "singular claim" for …
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… DIVISION DOCKET NO. A-0863-22 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST … on his motions without making the required "findings of fact and memorandum of law or based upon an adequate … defendant's argument the court failed to make findings of fact and conclusions of law before denying his motions, the …
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… plea, and remand for new proceedings. I. We summarize the facts from the one-day suppression hearing record consisting … Plainfield resident. 3 A-0601-22 Brito saw exhaust fumes coming from a gray Nissan Altima idling with the rear lights … court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so …
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… We affirm both orders on appeal. We recite the facts from the motion record. On August 14, 2019, the … same day as the accident, plaintiff went to the hospital complaining of pain in her chest, arm, and back. At the … legitimate evidence of a permanent injury. And, has in fact, provided information that indicates she doesn't have a …
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… hearing. We affirm. The procedural history and underlying facts concerning the offenses involved in this matter are … 248 N.J. 249 (2021). We briefly reiterate the salient facts pertinent to this appeal: On August 30, 2017, … victim's testimony that defendant was a drug dealer; (2) comparing defendant to Whitey Bulger, a notorious organized …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3245-17T4 COMCAST OF GARDEN STATE, LP, Plaintiff-Respondent/ … there was no basis for the claim because JNET had, in fact, obtained the required insurance coverage under its … determine whether there are any genuine issues of material fact when the evidence is viewed in the light most favorable …
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… and Gilson. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2017-2823 and 2018-0259. Levin … and capricious. We disagree and affirm. I. We discern the facts and procedural history from the administrative record. … simulation measuring a candidate's ability to assess risk factors and implement strategies in fireground command …