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… February 21, 2017 A-5281-14T3 2 I The tenant filed a complaint in Small Claims Court seeking the return of $2500 … she testified she moved into the premises in 2011 and, in fact, lived in the premises for six and not four years. … on June 1, 2015. The court did not make a finding of fact whether the landlord waived the late fee in the manner …
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… was undesigned and unexpected; and the Board relied on facts not in the record. Our "review of administrative … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … factors. [Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (quoting In re Stallworth, …
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… APPELLATE DIVISION DOCKET NO. A-1987-20 MARLENE CARIDE, COMMISSIONER, NEW JERSEY DEPARTMENT OF BANKING AND … was appropriate as "no affidavits disputing any of the facts alleged by the Department have been provided by [APA … This court "does not substitute its judgment of the facts for that of an administrative agency." Campbell v. …
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… was hired by the Essex Regional Education Service Commission (ERESC) to a position that offered a TPAF pension … petitioner's appeal and found no genuine issue of material fact warranting a hearing and again denied her interfund … Discretion to Relax Deadlines Based on Equitable Factors. 5 A-1261-21 2. The [Board] also has Discretion …
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… New Jersey. Plaintiff appeals from an order dismissing his complaint against the Archdiocese for lack of personal … the Archdiocese related to this lawsuit. I. We discern the facts from the record developed during jurisdictional … Personal jurisdiction is a "'mixed question of law and fact' that must be resolved at the outset, 'before the …
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… prostitution. He pled guilty to first-degree conspiracy to commit human trafficking and second-degree facilitating … when the judge fails to set forth, in a meaningful fashion, factual findings and conclusions of law as required by Rule … 33, 40 (2011) ("[Appellate courts] have the ability to make factual findings when necessary on appeal." (citing Pressler …
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… Institute, LLC (AADARI), and Obafemi Simmons's unverified complaint. We also consider the provision of the order that … He determined "the [c]ourt doesn't find that there's any factual dispute that exists with regards to the substance of … "Verification requires that the pleading party allege facts that are based on personal knowledge and that such …
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… robbery, N.J.S.A. 2C:15-1; first-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; and … [t]rial [c]ounsel's failure to call [K.P.] ineffective, in fact, I find it was a strategic decision by [c]ounsel not to … 'a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, …
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… him with an evidentiary hearing because there were material facts at issue outside of the record. Having reviewed … The State dismissed the remaining charges and recommended defendant be sentenced to ten years subject to the … hearing. At sentencing, defense counsel argued mitigating factors justified a concurrent sentence. The State requested …
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… DIVISION DOCKET NO. A-3235-22 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES and KENNETH MAYBERG, Plaintiffs-Appellants, v. … reasons stated in Judge Robert Lougy's cogent findings of fact and conclusions of law attached to the May 26 order. … As such, we presume the parties are familiar with the facts and the decisions rendered in connection with those …
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… and remand to the Family Part. I. We glean the following facts from the record. Plaintiff and defendant were in a … Both parties appeared, represented by counsel. Prior to the commencement of a hearing, defendant stipulated to the … of defendant, and attached photographs of herself - bloodied and bruised - allegedly depicting her physical …
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… He also admitted giving Mandy methadone. Petitioner completed his four-year sentence and was released from … to know petitioner had the capacity to engage in, and in fact engaged in, the conduct for which he pled guilty as … for her to be aware he had the capacity to, and in fact did, engage in such conduct in the past. While …
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… answer, and remand for further proceedings. The essential facts are easily summarized. Defendant obtained a $75,000 … of intention to foreclose the mortgage. Plaintiff filed its complaint two months later, alleging, among other things, … certainly has standing to bring this based on a number of factors, not the least of which being that plaintiff not …
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… Plaintiff-Appellant, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Defendant-Respondent. Argued June 18, … "[i]ntentionally concealed or misrepresented any material fact or circumstance," acted fraudulently, or made false … any amendment would be futile since it could not change the fact that plaintiff did not file a claim within the …
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… 246 N.J. 239 (2021). We incorporate, by reference, the facts and procedural history stated in that prior opinion. … to Testify. Based upon our de novo review of the judge's factual findings made without an evidentiary hearing and … not properly consult defendant. In fact, after the State completed its case, the judge granted defendant's request …
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… DRAIN CLEANING & SERVICE, and PREFERRED MUTUAL INSURANCE COMPANY, Defendants-Respondents. … plaintiff's complaint. We affirm. I. We glean the facts from the summary judgment record, viewing the facts in the light most favorable to plaintiff as the …
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… Based on the testimony I do find that Mr. Barbato did in fact operate his motor vehicle here in Middletown on August … $356 fine, $33 court costs, $50 to the Violent Crimes Compensation Board fund, $75 to the Safe Neighborhood … to each element of his DWI charge and provided an adequate factual basis. The court found no "manifest injustice" under …
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… appeals from a March 27, 2017 order dismissing her complaint against defendants Peterson & Staeger, Inc. (P&S)1 … construction contractor arising from the same transactional facts. We affirm. Plaintiff owns a home in Sayreville, which … Co., 207 7 A-5138-16T3 N.J. 428, 443 (2011). The ECD "embodies the principle that the adjudication of a legal …
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… from the orders denying her leave to file an amended complaint and the subsequent dismissal of the complaint. … of law, we affirm. We provided a thorough recitation of the facts in a prior decision in this matter, and therefore do … "proposed amended complaint set[] forth entirely new facts and events to support her claim," it could not relate …
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… DIVISION DOCKET NO. A-2929-17T2 IN THE MATTER OF THE CIVIL COMMITMENT OF R.V., _____________________________ Submitted … and applicable legal principles, we reverse. I The salient facts are these. On February 12, 2018, the court entered a … in the form of an opinion or otherwise. This rule embodies the requirement that a witness who provides specialized …