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… there exists a genuine issue with respect to a material fact challenged requires the motion judge to consider whether the competent evidential materials presented, when viewed in the … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… sex offender treatment. Defendant also was ordered to comply with Megan's Law and was subject to Parole … HIM. POINT TWO THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ON [DEFENDANT]'S CLAIM THAT HIS … THERE IS A REASONABLE PROBABILITY THAT IF . . . DEFENDANT'S FACTUAL ASSERTIONS WERE FOUND TO BE TRUE, ENFORCEMENT OF THE …
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… case information statement, merits brief, and all documents comprising NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … (App. Div. 2015), we discern no injustice in the judge's fact-findings, In re Return of Weapons to J.W.D., 149 N.J. … that trial judge appropriately took judicial notice of facts adduced in a prior suit over which the judge …
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… terminated plaintiff after allegedly learning that she had committed parking theft. After her termination, plaintiff … that there are no genuine disputes as to any material facts, and if so, whether the facts, viewed in the light most favorable to the non-moving …
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… the floor of her apartment. She was taken to the hospital, complaining of knee and back pain. She was discharged from … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … In determining whether there is a genuine issue of material fact, courts "consider whether the competent evidential …
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… benefits under N.J.S.A. 43:16A-7. Because the undisputed facts demonstrate that Brown is legally entitled to such … After Brown contested the Board's initial denial, a fact-finding hearing was conducted in the Office of … "[o]ne should anticipate that a sliding gate would jam or become inoperable, this is part of the usual job duties of …
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… without an evidentiary hearing. We affirm. I. The following facts are derived from the record. On December 2, 2009, a … to count two of Indictment No. 09-12-2019, conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and … petition for PCR. Defendant's petition did not specify the factual or legal basis of his claims and was not accompanied …
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… was substantial. We reverse. We summarize the following facts from the summary judgment record, viewing "the facts in the light most favorable to [plaintiff,] the … biceps tenodesis. A seven millimeter by ten millimeter BioComposite screw was implanted. In July 2016, Dr. Sewards …
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… based on the number of returns he made and that the company should have questioned his transactions. Plaintiffs … also contend there were genuine issues of material fact, precluding entry of summary judgment. 5 A-1185-17T1 We … 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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… 27, 2017 Family Part order which, among other things, compels him to contribute toward the parties ' children's … the existence or validity of the written agreement. In fact, the following exchange occurred during colloquy … court's decision is limited. We must defer to the court's factual findings, so long as they are supported by …
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… Specifically he argues: BECAUSE DEFENDANT FLED BEFORE HE COMMITTED ANY OFFENSE, AND BECAUSE HE WAS SUBSEQUENTLY … record and the applicable legal principles. We affirm. The facts surrounding defendant's arrest and conviction are not … commission of the purported crime is another question of fact for your determination. The state alleges that …
njcourts.gov
… to prevail only if he can show, in conformity with the common law authority dealing with lost wills, that the … 3B:3-3, the trial court did not make any findings of fact regarding these issues. Indeed, the trial court 4 … Melletz's entitlement to fees since other finders of fact——judges——had already ruled on the issue. He also …
njcourts.gov
… on substantial, credible evidence in the record. I. The facts were established at a one-day trial, during which … tight corners. Defendant testified that his version of the facts was "very similar to Officer Dapkin's story." However, … 157 N.J. 463, 470-71 (1999). The rule of deference is more compelling where, as here, both judges made concurrent …
njcourts.gov
… appeals from the trial court's order dismissing his complaint against his employer, NOT FOR PUBLICATION WITHOUT … under CEPA. We agree and reverse. The court, relying on facts outside the pleadings – contained in plaintiff's … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… Medical Center (BRMC) that he had a record of "admission, commitment, or treatment" with the facility. The detective … raised. At the close of the hearing, the judge found as a fact that there was "a significant history of violence" … public health, safety or welfare involves by necessity, a fact-sensitive analysis." State v. Cordoma, 372 N.J. Super. …
njcourts.gov
… injury, N.J.S.A. 2C:12- 1(b)(7). The State agreed to recommend a term of non-custodial probation and dismissal of … arguing that the prosecutor erred by considering certain factors when deciding whether he should be admitted to PTI. … The judge asked the prosecutor to determine if these factors were not considered, whether the State still took …
njcourts.gov
… conduct an investigatory stop." We disagree and affirm. The facts adduced at defendant's suppression hearing can be … continued knocking on the door. Plitt asked defendant to come down and talk to him. With his hand still in his left … had a "reasonable articulable suspicion supported by the facts on the record that this defendant could have been …
njcourts.gov
… appeals from his conviction for second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2, … EXCESSIVE AND UNDULY PUNITIVE. POINT IV. UNDER THE FACTS OF THIS CASE, THE "SHOW-UP" PROCEDURE BY WHICH THE … that the shorter individual involved in the robbery was, in fact, a "juvenile." The pertinent statute provides that "any …
njcourts.gov
… most favorable to defendant, created a material dispute of fact as to whether defendant's second trial attorney … possession for an unlawful purpose, in exchange for a recommended sentence of six years, with a three year parole … the court to accept his guilty plea with an inadequate factual basis.2 In a written opinion, the PCR judge reasoned …
njcourts.gov
… child, N.J.S.A. 2C:24-4(a); and fourth-degree violation of Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4(d). … (1984). C. THE RECORD CONTAINED MATERIAL ISSUES OF DISPUTED FACTS. POINT II THE PCR COURT'S DECISION SHOULD BE REVERSED … (2005). We give deference to a trial judge's findings of fact as long as those facts are supported by substantial, …