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A-0697-23 Briefs
Briefs
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… 5072 Fax: (862) 520 3433 Attorney Id :021212005 portillalaw@comcast.net ELDRIDGE HAWKINS LLC Attorney At Law Attorney … TABLE OF CONTENTS PRELIMINARY STATEMENT STATEMENT OF FACTS PROCEDURAL IDSTORY LEGAL ARGUMENT POINT ONE 1 3 6 THE … Of Motion for Summary Judgment as to Trinitas Regional Medieal Center and Sylvia Escobar dated 10/21/1021 …
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… 8, 2021 Special Civil Part judge's dismissal of his complaint for NOT FOR PUBLICATION WITHOUT THE APPROVAL OF … well - reasoned oral opinion. We discern the following facts from the record. Plaintiff owns a two-story building … dubious." The judge's finding was substantiated by the fact that plaintiff changed figures with respect to the …
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… without an evidentiary hearing. We affirm. The underlying facts concerning the offenses involved in this matter are … 2019), certif. denied, 240 N.J. 10 (2019). Therefore, those facts will not be repeated here. In that decision, we … burden, the defendant must allege and articulate specific facts that "provide the court with an adequate basis on …
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… CLAIM IS SUPPORTED BY MATERIAL ISSUES OF DISPUTED FACTS LYING OUTSIDE THE RECORD. THE RESOLUTION OF THE DISPUTED FACTS NECESSITATED AN EVIDENTIARY HEARING. THE PCR COURT … Was Unprepared for Trial. POINT II CUMULATIVE ERRORS COMMITTED BY COUNSEL VIEWED IN THE AGGREGATE DEPRIVED …
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… a June 23, 2017 order , which denied defendant's motion to compel arbitration. We reverse and remand. The facts relevant to defendant's motion to compel arbitration … or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon . . . on …
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… In responding to the officer's inquiry as to where he had come from, defendant pointed in a westerly direction and … At the municipal court trial, defendant stipulated to the facts and his intoxication, but disputed that he was … We do "not undertake to alter concurrent findings of facts and credibility determinations made by two lower …
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… order denying his motion for leave to file a second amended complaint. We affirm. NOT FOR PUBLICATION WITHOUT THE … of action asserted and determined plaintiff did not in fact state a claim upon which relief can be granted and … for leave to file a second amended complaint. The material factual allegations set forth in the second amended …
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… H. EARLE, Defendants-Respondents, and THE ROSEDON HOLDING COMPANY LIMITED PARTNERSHIP, Defendants, and PARKE BANK, … his November 9, 2015 fifteen-page opinion. We discuss the facts and issues to supplement that opinion only. We review … any, show that there is no genuine issue as to any material fact challenged 1 The "corrective" order modified only the …
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… We affirm. We incorporate herein the procedural history and facts set forth in our decision in defendant's appeal from … more than "bald assertions" and were not supported by any competent evidence such as certifications from defendant or … POINT IV AS THERE ARE GENUINE ISSUES OF MATERIAL FACTS IN DISPUTE, AN EVIDENTIARY HEARING WAS REQUIRED. When …
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… NO. A-2320-16T4 ROBERT J. TRIFFIN, Plaintiff-Appellant, v. COMDATA NETWORK, INC. a/k/a COMCHECK, Defendant-Respondent, … point that the judge erred in "assum[ing] the material facts needed" to support Comdata's contention that Triffin's … disposing" of cases lacking in genuine issues of material fact. Id. at 530 (quoting Judson v. 1 Brill v. Guardian Life …
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… determination they were "part and parcel" of defendant's commission of the DWI offense.1 Defendant was sentenced to a … written decision, which includes detailed findings of fact based on the evidence presented, Judge Enright … 157 N.J. at 471). We defer to the trial judge's findings of fact. Stas, 212 N.J. at 49. "However, no such deference is …
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… convinced defendant to put away the machete, and defendant complied, but he continued to loudly berate and threaten the … MUST VACATE APPELLANT'S CONVICTIONS BECAUSE FINDINGS OF FACT WERE TAINTED BY MUNICIPAL COURT JUDGE'S ADMITTED BIAS. … concept so much as he argues an alternative version of the facts – that he only briefly wielded a machete. We are …
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… defendant into giving his statement by that purported communication. We discern the pertinent facts from the transcript of the Miranda hearing. Detective … questions do not evidence signs of pressure. In fact, there is nothing in this record to support the claim …
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… 2 To resolve defendant's appeal, we need not set forth the facts and procedural history underlying defendant's … PLEA AND JUDGEMENT OF ACQUITTAL TO THE APPEAL BOARD WITH ACCOMPANY ARGUMENTS AND DEMAND TO PRODUCE. (GERMANE TO … rule of law, R. 3:22-12(a)(2)(A); (2) newly discovered facts that "could not have been discovered earlier through …
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… 180 days administrative segregation, 180 days loss of commutation credits, and fifteen days loss of recreation … and remand the sanctions for reconsideration. The essential facts, adduced before a hearing officer, were based on … and Mears, yet Attenborough's observations were after the fact and provided no details of the incident. Brooks notes …
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… and well-written twenty-six-page opinion. We summarize the facts, which are set forth in greater detail in the judge's … for a training meeting. He was going to A-5058-18T2 3 be compensated at the usual hourly rate for the training and … tasks of Valaningham's A-5058-18T2 4 employment and the facts established defendant did not: 1) control the route …
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… 228 N.J. 455 (2016). We incorporate by reference the facts underlying defendant's conviction described in our … hearing was necessary "because there is a dispute of fact respecting matters which are not on the record . . . … pretrial investigation was unsupported by 4 A-0012-18 competent evidence and should be rejected accordingly. …
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… permission prior to leaving the state; enrolling in, complying with the conditions of, and successfully … the hearing officer concluded that the aggravating factors outweighed the mitigating, and recommended the … TWO THE HEARING OFFICER/BOARD FAILED TO CONSIDER AND[,] IN FACT[,] DISREGARDED MATERIAL FACTS RELATING TO JENKINS'[S] 5 …
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… Livingston Police Department, and Officer Walter Writt. His complaint alleged he was wrongfully arrested for a violation … wrongful arrest, and false imprisonment. We affirm. The facts underlying the issuance of the arrest warrant can be … room, he was seen by a person protected by the order. These facts established probable cause that he violated the …
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… defendant to fifteen years in prison. We summarize the facts leading to defendant's guilty verdict. The victim, a … any arguments in support of the motion and relied on the facts as presented during the State's case. In opposition to … written opinion. R. 2:11-3(e)(2). We add only the following comments. In reviewing a decision on a motion for acquittal, …