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njcourts.gov
… range, claiming the judge failed to apply other mitigating factors and should have concluded that the mitigating … Defendant argues that 6 A-2357-18 the judge failed to "comprehensively consider the trustworthiness factors … formed the basis for the verdict. An essential ingredient of a fair trial is the judge's obligation to …
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njcourts.gov
… Lake Club (the Club), a recreational lake swimming complex owned by defendant Borough of Allendale and … to apply proper summary judgment standards to disputed facts in the record, and plaintiff established a prima facie … 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
… to the police, plaintiff said the female friend was his "company" and "spent the night" but did not live in the … claim because there were genuine issues of material fact. We disagree. 8 A-4131-19 We review a grant of summary … party, show that there are no "genuine issues of material fact" and that "the moving party is entitled to summary …
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njcourts.gov
… number of times defendant called police was a significant factual error that may have impacted his decision to issue … R. 1:38-3(d) (10). 3 A-1311-19 obtained a TRO based on her complaint that alleged defendant had been harassing her … arguments for our consideration: POINT 1 THE COURT MADE A FACTUAL ERROR IN THE AMOUNT OF TIMES THE POLICE WERE CALLED. …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… an interlocutory decision of the New Jersey Civil Service Commission, Docket No. 2022- 913. Deena B. Rosendahl argued … don't owe [Valente] the hearing because a settlement was in fact reached and we do intend to pursue enforcing the terms … offered by Valente creating a genuine dispute of material fact to warrant a plenary hearing. The ALJ found Mitzner had …
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njcourts.gov
… an interlocutory decision of the New Jersey Civil Service Commission, Docket No. 2022- 913. Deena B. Rosendahl argued … don't owe [Valente] the hearing because a settlement was in fact reached and we do intend to pursue enforcing the terms … offered by Valente creating a genuine dispute of material fact to warrant a plenary hearing. The ALJ found Mitzner had …
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A-29-23 Respondent Response To Amicus Brief Letter
Briefs
njcourts.gov
… Supreme Court of New Jersey Richard J. Hughes Justice Complex 25 Market Street P.O. Box 970 Trenton, New Jersey … on a case by case basis according to the specific facts presented." J.N.H., 172 N.J. at 474. “Thus, strict … to the instant case, appropriately finding Hemberger’s facts inapposite with those presented by Mr. Roberto. We …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… plea hearing, the trial court noted the State would be recommending a ten-year sentence on the robbery charge, … the sentencing hearing, defense counsel argued mitigating factors four, six, seven, eight and nine weighed in defendant's favor.3 Counsel also argued aggravating factor three should "not [be] given much weight" and factor …
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A-32-24 Brief In Support Of Motion
Briefs
njcourts.gov
… OF CONTENTS PAGE NOS. PROCEDURAL HISTORY AND STATEMENT OF FACTS ......................... 1 LEGAL ARGUMENT … preparing a six-meal per day regimen to meet her special dietary needs, ensuring her physical safety, and dispensing her medications. (Da 18) Due to his wife's immunocompromised state, Sanderson cannot risk exposure to …
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njcourts.gov
… 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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njcourts.gov
… purchasers from enduring unacceptable burdens caused by manufacturing defects. Among other things, the Lemon Law … who timely report such manufacturing defects "specific remedies where the uncorrected defect substantially impairs the … judgment. 4 A-0396-23 I. The pertinent facts are not complicated. As noted, we consider them in a light most …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… In this putative class action, plaintiffs assert claims of common law fraud and violations of the Consumer Fraud Act … arbitration agreement. We take the following alleged facts from plaintiffs' complaint. See Seidenberg v. Summit … Beach, 189 N.J. 1, 17 (2006) ("The class-action vehicle remedies the incentive problem facing litigants who seek only a …
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njcourts.gov
… 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 …