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njcourts.gov
… 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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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 …
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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 …
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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 …
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njcourts.gov
… "that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … the court determines "there are material issues of disputed fact that cannot be resolved by reference to the existing … hearing when there are disputed issues of material facts related to the defendant's entitlement to PCR, …
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njcourts.gov
… 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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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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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 …
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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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …