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… 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 …
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… 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 …
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… appeals from the entry of summary judgment dismissing his complaint against defendant New Jersey Institute of … failure to promote him in 2013. We affirm. We present the facts in the light most favorable to plaintiff and give him … moved for summary judgment based on those undisputed facts. Plaintiff opposed, 9 A-3453-16T4 arguing he was …
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… from 2012 to 2016. In return, plaintiff was obligated to compensate defendant under the terms of the agreement. … judgment dismissal. Specifically, defendant contended the facts upon which plaintiff and its experts relied in support … the LPCL , but found there were genuine issues of material fact concerning plaintiff’s equitable claims , which …
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… contends the trial court erred in denying his motion to compel discovery of laboratory-test results, which were … both for an extended term, and for finding an aggravating factor. We affirm the trial court's discovery order and the … U.S. 154 (1978). 3 A-0519-17T2 I. We discern the following facts from the detective's search warrant affidavit. In …
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… judgment granted to defendant, our recitation of the facts is derived from the evidence submitted by the parties … to provide nursing care to decedent in his home. She commenced work that same day. Plaintiff arrived in day … erred in granting summary judgment because: (1) there are factual and credibility issues to be decided by a jury; and …
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… purpose, N.J.S.A. 2C:39- 4a; second degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. … count shows the inapplicability of this doctrine to the facts of this case. Alternatively, the State argues … offenses. The State has adopted the statement of material facts described in defendant's appellate brief. See R. …
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… US Bank National Association to reinstate its foreclosure complaint. We affirm. I. In January 2006, Matthews and … final judgment of foreclosure. When the parties agree on a fact, the court may consider that undisputed fact. See State v. Evans, 340 N.J. Super. 244, 247 n.1 (App. …
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… 6, 2016 Chancery Division order, reinstating plaintiff's complaint, and the October 20, 2017 Chancery Division order, … complaint. We disagree and affirm. We derive the following facts from evidence submitted by the parties in support of, … determined that there were no genuine issues of material fact in dispute precluding summary judgment, Brill, 142 N.J. …
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… (App. Div. 1997). With that standard in mind, these are the facts . Plaintiff resided at the Village of Timber Creek … convenience, we use the name that appears in her original complaint. 2 Evidently, counsel did not spread the … held an evidentiary hearing, because there was a genuine factual issue regarding the settlement's terms; or (2) the …
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… to the member's widow or widower a pension of 50% of final compensation for the use of herself or himself, to continue … With this essential background in mind, we turn to the facts of the present case. PFRS member Gordon Koncsol worked … Law for a contested case hearing. Because the underlying facts of this case are not in dispute, the Board denied …
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… appeals from a December 12, 2016 order dismissing his complaint with prejudice for failure to state a claim upon … is limited to examining the legal sufficiency of the facts alleged on the face of the complaint." Printing … a discrimination case, but rather, that he pled sufficient facts to support claims under the NJCRA and NJRICO. As for …
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… summary judgment to defendants and dismissing Crosslink's complaint for lack of jurisdiction. We affirm. I. The following facts are derived from the record. Crosslink provides … The court did not provide written or oral findings of fact or conclusions of law. Just prior to trial, defendants …
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… opinion. I. We need only briefly summarize the relevant facts and the protracted procedural history. On August 14, … on the left, cut in front of defendant's vehicle before coming to a halt. During the ensuing investigative … the witness credibility assessments and other findings of fact and law that had been made by Judge MacMullan. This …
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… from orders dated March 17, 2020, dismissing his amended complaint against defendants, JPay, Inc., (JPay) and the … "is limited to examining the legal sufficiency of the facts alleged on the face of the complaint," and, in … 3 A-4498-19 Nonetheless, "a dismissal is mandated where the factual allegations are palpably insufficient to support a …
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… He also contends his counsel failed to elicit an adequate factual basis for the guilty plea by posing a series of "yes … 2C:15-2(a)(1), (2), and (4)2; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1); … of counsel B. Counsel's failure to investigate the facts of this case and talk to, or meet with counsel for co- …
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… Defendant also argues that the testimony was fresh complaint testimony, and the court further erred by not … adequate findings concerning the aggravating and mitigating factors. Because the victim's testimony was not hearsay and … the sentencing court did not make express findings of facts on the aggravating and mitigating factors, we remand …
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… conviction for felony murder and related offenses committed with a co-defendant during a robbery. On appeal, … (IAC). We affirm. The procedural history and underlying facts in this matter are set forth at length in our prior … plea to first-degree aggravated manslaughter, despite the fact that the codefendant's plea transcript had been …
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… 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 …
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… 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 …