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… to ensure [he] reside[d] at a viable address and that he complie[d] with all the rules and regulations of PSL." While … The panel concurred with the hearing officer's findings of fact, found by clear and convincing evidence Miles … Board, alleging that the panel failed "to consider material facts or failed to document that clear and convincing …
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… appeals from an amended trial court order dismissing its complaint without prejudice for failure to comply with … court for further proceedings. I. We discern the salient facts from the motion record before the trial court. … consideration. Defendant's motion was not accompanied by a factual certification. Section 4.14 of the Specifications, …
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… from the summary judgment dismissal of his second amended complaint against defendants and third-party plaintiffs … to and use the playground, was a substantial contributing factor in [plaintiff's] playground injuries." The record … complaint because there are no genuine issues of material fact that precluded judgment as a matter of law under Rule …
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… THAT CONSTITUTED A SUBSTANTIAL 3 A-0753-22 STEP TOWARD COMMISSION OF THE CRIME. (Not raised below) POINT II THE … determine, including the law of the case applicable to the facts that the jury may find.'" State v. Baum, 224 N.J. 147, … a specific unanimity charge is required, courts analyze two factors: (1) "whether the alleged acts are conceptually …
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… as permitted under Rule 3:5-7(d). We affirm. The following facts were adduced at the suppression hearing, during which … to focus their attention on Chestnut Park due to citizen complaints that the park was being "utilized for dealing … horrendous," he found both officers "credible" and made factual findings consistent with their respective testimony. …
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… wrong, her exclusive remedy is under the Workers' Compensation Act (the Act), N.J.S.A. 34:15-1 to -146. We … demonstrates there is "no genuine issue as to any material fact challenged and that the moving party is entitled to a … employees give up their right to pursue common-law remedies for work-related injuries and illnesses, in return for …
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… judgment, entered after the borrower defaulted on a commercial real estate loan. In A-5432-17, defendants 2820 … FAILS TO APPLY THE DOCTRINE OF MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S MARCH 2014 FAILURE AND … FAILS TO APPLY THE DOCTRINE OF MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S APRIL 2016 FAILURE AND …
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… Monmouth Hills, Inc. (MHI) in its action to collect common area maintenance charges and fees, as well as the … attorney's fees, and costs. We affirm. I. The following facts are derived from the record. LeClair is the owner of … 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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… denial of the motion to suppress. We affirm. We glean the facts from the testimony presented during the suppression … and escort her to the hospital for a blood draw. The recommendation actually came from Officer Steven Price, the … at around 11:18 p.m. that night. For the judge, the key fact was the nature of the accident. Because of the …
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… .23%. Defendant then pled guilty to DWI, gave an adequate factual basis for his plea, and testified his plea was … 2017, defendant filed a motion in the municipal court to compel discovery. Nearly seven years after imposition of … his sworn testimony on June 28, 2010, where he gave a factual basis for his plea and confirmed his plea was …
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… homeowners, Manoj and Pallavi Hejib, and dismissed the complaint with prejudice for failing to state a cause of action.1 We affirm. The following facts are derived from the evidence presented in support of, … argued that there was a genuine issue of material fact as to whether defendants acted affirmatively by failing …
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… TWO ROBBERIES WITH WHICH THE DEFENDANT WAS CHARGED. I. The facts underlying defendant's convictions are set forth in … opinion in his direct appeal. Therefore, we review only the facts pertinent to the issues raised. Defendant was … several lanes of Interstate 78 West, ignoring the officer's commands to stop. When police caught up with him, defendant …
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… [b.] Pension membership [number;] [c.] Eligible incentive compensation receivable[;] [d.] Amount of trade-in, buy-out … be billed. Attached to Culliton's letter was a Division "Fact Sheet" relating to "Early Retirement Incentives."2 … Culliton's letter was received or, if received, whether the fact sheet was included. Although we do not find a …
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… found that she was disqualified from receiving unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(a) and … to the Appeal Tribunal's question is that she is, in fact, guilty of the charges on which she has been indicted. … 137 N.J. 8, 27 (1994)). Furthermore, "[i]n reviewing the factual findings made in an unemployment compensation …
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… Public Defender, on the brief). PER CURIAM Following a fact-finding hearing, N.J.S.A. 9:6-8.44, the Family Part … I. The documentary evidence and testimony adduced at the fact- finding hearing revealed that the Division of Child … apartment on September 18, 2014, and was immediately overcome with the strong odor of "Clorox," "feces and sewage." …
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… we affirm. Glassboro Guardians, a non-profit corporation comprised of individuals who own rental properties within … a conflict of interest. The trial judge ruled, based on factual findings made at the conclusion of a three-day … that "[t]raffic congestion can appropriately be remedied by reasonable, evenhanded limitations upon the number …
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… counsel. POINT II AS THERE ARE GENUINE ISSUES OF MATERIAL FACTS IN DISPUTE AN EVIDENTIARY HEARING WAS REQUIRED. … engine revving loudly. A gray taxicab with a "Classic" company emblem, traveling north on Broadway, came into view. … 7 A-2788-16T2 belief defendant did not perform satisfactorily on Standardized Field Sobriety Tests might have …
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… summary judgment to plaintiff. We derive the following facts from evidence submitted by the parties in support of, … 3 A-3722-16T2 property, and the two properties share a common border. Oldmans Creek borders the properties to the … grant from the State of New Jersey. Plaintiff disputes the fact that the land is entirely submerged. This is not …
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… Counsel, on the brief). PER CURIAM After a Title Nine fact-finding hearing, a Family Part judge found that … Division did not establish, however, any abuse or neglect committed by the children's mother, J.J. The Division filed … prison release. In April 2016, Judge Corson conducted a fact-finding hearing pursuant to N.J.S.A. 9:6-8.50. During …
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… a thorough written decision. We affirm. We derive the facts from the motion to suppress hearing. The State … in defendant's shorts, and defendant failed to immediately comply with Harper's orders. Harper, based on his experience … Andrews indicated that defendant was wearing a teal hoodie. Andrews testified that "moments" after he radioed the …