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… for privileges to PVH. PVH required Dr. Skelly to produce complete and accurate information that established he was … plaintiff's contract with Sylvan. Whether the delay was in fact caused by the lack of proper employment verification or … 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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… determination by the Board. I. We summarize the relevant facts from the record. Plaintiff owns five acres in the … it is 3 A-0034-22 a "highly intense, non-conforming commercial use" consisting of buildings, greenhouses, and … 215 N.J. 485 (2013). We give deference to the actions and factual findings of local boards. Jacoby, 442 N.J. Super. at …
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… of the applicable law, we affirm. I. We glean the following facts from our prior opinion on defendant's direct appeal, … she was alone with his mother, because the niece felt uncomfortable around him. She explained she usually kept the … points on appeal: POINT I. THERE WERE MATERIAL ISSUES OF FACT WITH RESPECT TO THE UNPRODUCED SMITH REPORT THAT SHOULD …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … In Defendant’s opposition papers, Defendant includes facts previously unknown to the court. Defendant provides … “reckless,” and how a reckless advance or modification embodies a “equity investment” under New Jersey Foreclosure Law …
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… Staffing, LLC, and Rick Frankovits, and dismissing his complaint with prejudice. We affirm. We recite the facts from the summary judgment motion record. API employed … applied to plaintiff's failure to prove retaliation. In fact, the judge explained "[p]laintiff's retaliation claim . …
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… from a June 23, 2023, Law Division order dismissing her complaint with prejudice against defendants Hackensack … a claim. N.J.S.A. 2A:53A-29. As a result, "we derive the facts from plaintiff's complaint" and "recite them in the … to a mental hospital, the Supreme Court, on proof of the fact, shall enter an order transferring the attorney to …
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… Charles J. Kocher argued the cause for appellant (McOmber, McOmber & Luber, PC, attorneys; Charles J. Kocher, … when it appears there is no genuine issue of material fact in dispute and the moving party is entitled to judgment … v. Guardian Life Ins. Co., 142 N.J. 520, 532 (1995). The facts and all reasonable inferences drawn from them are …
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… captures the entire encounter. We discern the following facts from the suppression hearing record. On November 17, … else inside. Boyle testified he saw a "cotton ball accompanied by what appeared to be a white wax fold." On … DETAIN HIM, AND (2) NO WARRANT EXCEPTION JUSTIFIED THE DE FACTO SEARCH THAT RESULTED WHEN POLICE RELENTLESSLY …
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… J. Gulotta summary judgment and dismissing plaintiffs' complaint. Appealing only the dismissal of the claim for … failed to present evidence of a genuine dispute of material fact as to Wishing Stone's natural inclination or habitual … Act ("EALA" or "the Act"), N.J.S.A. 5:15-1 to -12, to the facts of this case to find further support in immunizing …
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… its use in other cases is limited. R. 1:36-3. 2 A-1607-23 complaint with prejudice after a one-day bench trial. In … We affirm both orders on appeal. We recite the facts from the November 13, 2023 bench trial.1 At trial, … properly apply the elements of his negligence claim to the facts presented. We disagree. We set forth the applicable …
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… 60,000 shares of defendant ExxonMobil Corporation's common stock, held in street name through a brokerage firm. … generally concluded ExxonMobil "misled non-scientific audiences about climate science[.]" Notably, neither party … standard of review. We will not disturb the factual findings and legal conclusions of a trial judge …
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… DIVISION DOCKET NO. A-3380-16T3 BEAUTY PLUS TRADING COMPANY, INC., Plaintiff-Appellant, v. NATIONAL UNION FIRE … for summary judgment. We affirm. We derive the following facts from evidence submitted by the parties in support of, … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). Courts should interpret an …
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… Nicholson, asserting a per quod claim, filed a six-count complaint against defendants Bloomin Brands, Inc., Outback … with prejudice. We affirm. We derive the following facts from evidence submitted by the parties in support of, … plaintiffs to bring claim against suppliers of ingredients of lasagna containing Salmonella). However, "[e]ven …
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… of an amended resolution setting forth adequate findings of fact and conclusions of law. Plaintiff and the Steinbrenners … 2016, notice of the Steinbrenner Resolution, intended to be compliant with N.J.S.A. 40:55D-10(i), was published; … disturbance to [plaintiff's] property, such danger was remedied by the requirement that any excavation and/or retaining …
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… stress disorder (PTSD) as a result of being exposed to diesel fumes while at work. On the day that she was exposed … defendant and remand for further proceedings. I We take the facts as developed in the summary judgment record and view … she observed that the blue smoke and diesel odor was coming from two idling trucks. She telephoned the …
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… DIVISION DOCKET NO. A-5145-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF A.D. SVP-719-15. ___________________________ … occurring within a ten-week period in 2002. In providing a factual basis for his guilty pleas, A.D. admitted to the … for drugs and his behavior involving prostitutes – as risk factors in his sexual offending history. Dr. Zavalis found …
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… AND INFORMATION BECAUSE SUPPRESSION OF ALL INTERCEPTED COMMUNICATIONS WAS REQUIRED AFTER THE COURT FOUND A … TO SUPPRESS THE INTERCEPTED CALLS AS THERE ARE INSUFFICIENT FACTS IN THE RECORD TO SUPPORT THE JUDGE'S FINDINGS WHICH … REVERSED BECAUSE THE RECORD DOES NOT ESTABLISH AN ADEQUATE FACTUAL BASIS TO PROVE THE ELEMENTS OF THAT OFFENSE. THE …
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… (PSL). In 2013, the NJSPB revoked his parole for failing to complete community service, for using an electronic device … HIS JAIL TERM AND CAN ONLY BE JAILED UPON A FINDING OF NEW FACTS MAKING UP A NEW OFFENSE. 5 A-2261-15T2 On Schaefer's … HIS JAIL TERM AND CAN ONLY BE JAILED UPON A FINDING OF NEW FACTS MAKING UP A NEW OFFENSE. We affirm as to Schaefer's …
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… v. EDWARD CRUZ and E.E. CRUZ & COMPANY, INC., Third-Party Defendants-Respondents. Argued … the amount of $29,547.40. The within check is in full satisfaction of mandatory principal payment which was otherwise … for reconsideration cannot be based upon 10 A-4604-15T2 facts that were known to the moving party when the judgment …
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… LLC, doing business as Smartfish Technologies', complaint for failure to state a claim upon which relief can … cause of action for breach of contract. Smartfish manufactures ergonomically designed computer keyboards and mice. … a claim of promissory estoppel, was dismissed as the factual basis for the claim was indistinguishable from that …