-
njcourts.gov
… 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 . …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
njcourts.gov
… on Formica's claims of retaliation and failure to accommodate in violation of the Law Against Discrimination … relate to Formica's pay and those that do not. We state the facts in the light most favorable to Formica, aware that the … trial court erred in finding that there were no material facts in dispute and that the Board was entitled to judgment …
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS JAMES LEE and NORTH SEA REALTY … to quiet title to the Property, ejectment, and quia timet. FACTUAL BACKGROUND THIS MATTER arises out of a real estate … dismiss pursuant to R. 4:6-2(e), the Court must treat all factual allegations as true and must carefully examine those …
njcourts.gov
… to -66. (PEAA or the Act).1 We reverse and remand. The facts are not in dispute. Plaintiff, Spark Software … that this is a very harsh result. But it's a result that is compelled by the law. And there is nothing that has been … to me, that gives rise to any dispute about any material fact as to whether or not Spark Software was registered, as …
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … I. Despite the parties’ litigious history, the salient facts on this issue are not disputed. The parties were … bright lines exist, “[i]n the end[,] the issue is always fact-sensitive and the essential inquiry is whether the …
njcourts.gov
… of discontinuance from service." We affirm. We glean these facts from the record. In January 2006, Harwelik began … . . . ."). Upon receiving the notice, the principal of CACS completed and returned an Employer Certification stating the … separation from CACS. According to the Board's subsequent fact findings, the certification stated that Harwelik had …
njcourts.gov
… on the record during the sentencing hearing. The following facts were adduced at trial. Defendant did not testify but … a hotel. After the police located defendant, he willingly accompanied the officers to the Union County Prosecutor's … accurate instructions on the law as it pertains to the facts and issues of each case, irrespective of the …
njcourts.gov
… KENNETH SCHRECK, INSTITUTE FOR FORENSIC PSYCHOLOGY, and COMPREHENSIVE PSYCHOLOGICAL SERVICES, P.A., … I. 3 A-0204-21 We need only briefly summarize the pertinent facts and procedural history, which are thoroughly recounted … will be granted if "there is no genuine issue of material fact and 'the moving party is entitled to a judgment or …
njcourts.gov
… but defendant was unable to perform any of the tests satisfactorily. Defendant was placed under arrest and transported … Law Division judge must independently make his or her own factual findings, rather than determine whether the findings … judge correctly found that Officer Gawin's testimony complied with the statutory requirements establishing that …
njcourts.gov
… summary judgment on seven of the eight counts of the complaint. The complaint sought, among other things, … between the parties transcends the issues raised here. In fact, plaintiff filed an action in lieu of prerogative writs … by stipulation, Rule 4:37-1(a). A-4583-09T3 3 These are the facts relevant to this appeal.2 Golden Orchards owns …
njcourts.gov
… R. 1:36-3. 2 A-1699-21 Plaintiff Joseph Drossel filed a complaint against defendants Borough of Franklin (the … for reconsideration. We affirm. I. We discern the material facts from the summary-judgment record, viewing them in a … did not apply because plaintiff had not presented any facts indicating he had objected to or refused to …
njcourts.gov
… plaintiff The Moirai Group, Ltd. summary judgment on its complaint for specific performance of a real property … The motion judge noted there was no dispute of material facts to thwart granting summary judgment. Defendants … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
njcourts.gov
… Airport (EWR). We affirm. I. We discern the following facts from the motion record construed in the light most … required United's written authorization for the satisfactory completion of services and Snowlift's release from the …
njcourts.gov
… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0862-22 COMPREHENSIVE PAIN SOLUTIONS OF NEW JERSEY, PC a/a/o WILLIAM … to exceed $250,000 per person per accident." Turing to the facts, the material facts in this appeal are not disputed. … 154 N.J. 141, 145 (1998)). "It is intended to provide a speedier and less expensive process for resolution of disputes …
njcourts.gov
… 29, 2022, summary disposition of his premises-liability complaint against Michael and Susan Ospina for personal … plaintiff failed to demonstrate a genuine issue of material fact, we affirm the trial court's order granting summary judgment to defendants. I. We glean the following facts from the record: defendants own and reside in a home …
njcourts.gov
… defendant's motion to suppress in a written decision and accompanying order. On appeal, defendant raises the following … HE WAS ARMED AND DANGEROUS. II. We discern the following facts from the suppression hearing. The State presented the … court reviewing a motion to suppress must uphold the factual findings underlying the trial court's decision so …
njcourts.gov
… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0115-22 O. BERK COMPANY, L.L.C., Plaintiff-Respondent, v. GLAMSQUAD, INC., … remand for a plenary hearing as genuine issues of material fact exist as to ownership of the account subject to levy. … We limit our recitation of the procedural history and facts to the pertinent issues raised on appeal. In March of …