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… not have reasonable articulable suspicion that defendant committed a crime to justify a request to search his vehicle … v. Nyema, 249 N.J. 509, 526 (2022). We "must uphold the factual findings underlying the [motion] court's decision so … its view of 'the consequences that flow from established facts,' are reviewed de novo." Nyema, 249 N.J. at 526-27 …
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… OF M.L.'S1 FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS. … arms. We find his arguments unpersuasive and affirm. The facts are derived from testimony presented at a March 2022 … concern and fear for one's safety under the totality of the facts and circumstances of that incident." The court …
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… hearing. We affirm. The procedural history and underlying facts involved in this matter are set forth at length in our … 248 N.J. 554 (2021). We briefly reiterate the salient facts pertinent to this appeal: Following a jury trial, … weapon in connection with the incident in exchange for a recommended maximum aggregate sentence of twelve years' …
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… Bureau, LLC's Rule 4:6-2(e) motion to dismiss plaintiff's complaint alleging violations of the Fair Debt Collections … for failing to state a claim. We affirm. I. We review the facts asserted in plaintiff's complaint as true and accord … is 'whether a cause of action is "suggested" by the facts.'" Doe v. Est. of C.V.O., 477 N.J. Super. 42, 54 (App. …
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… was not an abuse of discretion. I. The relevant facts leading to R.B.'s convictions were established at the … drove to the police station rather than request the police come to the home because he did not want his son or his … to him considering the prior incident along with the fact R.B. had recently left a rehabilitation facility less …
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… of an obvious danger. Genuinely disputed issues of material fact precluded summary judgment on the negligence claim but … fell from a scaffolding plank at a construction site. The complaint alleged Sikorski Construction was responsible for … complaint against Werner alleged that Werner designed, manufactured, and sold the aluminum scaffold plank from which …
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… there were no violations on the properties, and to issue factual findings based upon its interpretation of the … Waste denied its application to accept leaves and other compost material for recycling, finding the use was not … recycling activities on both properties by producing or manufacturing mulch and related organic materials, and sought …
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… it collected in violation of a modification of a commercial loan negotiated by the parties. We affirm. The material facts of this case are fully detailed in Judge Mark A. … authority to negotiate and consummate the resolution embodied in their email exchange. While it is true that neither …
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… of law, we affirm. On January 5, 2016, defendant was issued complaint summonses for DWI; reckless driving, N.J.S.A. … State v. Stas, 212 N.J. 37, 48-49 (2012). The trial judge's factual findings will not be disturbed where they are … a trial de novo must make their own independent findings of fact since they undertake "an independent fact-finding …
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… college, might require a fifth year of schooling to complete his education. The parties did not set an annual … COURT'S AWARD OF COUNSEL FEES ABSENT AN EXAMINATION OF ALL FACTORS UNDER RULE 5:5-3(C) AND UPON ITS ERRONEOUS FINDING … or child support order the court may, in addition to remedies provided by R. 1:10-3, grant any of the following …
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… the brief). PER CURIAM C.B.1 appeals the dismissal of her complaint with prejudice under Rule 4:6-2(e) on behalf of … to file and serve an amended complaint. I. The following facts are alleged in the complaint, plaintiffs' answers to … complained of conduct would not have occurred but for the fact a minor was involved, citing T.L. v. Toys 'R' Us, Inc., …
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… determined the parties' marital lifestyle without properly factoring in the parties' accumulation of significant debt … while married and the depletion of that source of income at the end of the marriage; failed "to consider the … controlling legal [principles]" governing alimony; and made factual findings that are not supported by "sufficient …
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… endangering the welfare of a child, N.J.S.A. 2C:24-4(a), committed against M.W. when she was between the ages of … in Erroneous Double Counting When It Applied Aggravating Factor ([Two]). C. The Remaining Applicable Aggravating [a]nd Mitigating Factors Supported Imposition of Minimum Concurrent …
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… STATE'S RELIANCE ON UNFAIR, IRRELEVANT AND INAPPROPRIATE FACTORS - SUCH AS THE DEFENDANT'S OCCUPATION AS A MEDICAL … DISCRETION BY THE PROSECUTOR, AND THE PROSECUTOR'S DECISION COMPLETELY SUBVERTS THE GOALS UNDERLYING THE PTI PROGRAM; … and applicable law, we affirm. We discern the following facts from the record. Defendant has a Juris Doctorate …
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… and on time during the first, second and third grades. The fact-finding order was perfected for appeal by a July 18, … of a child on an emergent basis without a court order, commonly called a "Dodd removal," is authorized by 3 … claimed she did not learn until much later that "three tardies would be considered absent." Defendant denied being …
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… ABILITY TO HIDE THE GUN UNDER HIS FOOT, ARGUED PREJUDICIAL FACTS OUTSIDE THE RECORD CONCERNING THE OFFICERS' ABILITY TO … to Hide the Gun with Their Feet. C. The Prosecutor Argued Facts Outside the Record and Inaccurately Suggested 3 … defendant to stop moving and show his hands, and defendant complied. At this time, another officer viewed the interior …
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… NAOMI PIPER, Plaintiff-Appellant, v. THE CHEESECAKE FACTORY, Defendant-Respondent. … agreed with defendant's argument and dismissed plaintiffs' complaint with prejudice as a matter of law. The judge found … tear ducts and is commonly associated with genetics, diet, and/or a lack of cleanliness. Because she was "not …
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… V.S. met with CCBSS representative Cynthia L. Repsher, completed a Medicaid application on R.P.'s behalf, and … request for verification." The ALJ found as a matter of fact that the February 22, 2016 pending notice was sent with … resources" from V.S., and it "was never provided." The only factual finding supporting the conclusion, however, is the …
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… FRATERNAL ASSOCIATION OF NEW JERSEY, STATE TROOPERS NON- COMMISSIONED OFFICERS ASSOCIATION OF NEW JERSEY, STATE … In reaching that conclusion, the Board distinguished the facts presented in the unpublished opinion relied upon by … decision was appropriate because there were no material facts in dispute. The ALJ stated "[t]he sole issue is …
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… In addition, defendant's front headlight assembly was "completely out." During the course of the motor vehicle … that the probability defendant's blood alcohol value was in fact between .160 and .166 was ninety-nine percent. After … of blood was not significant. Lage was critical of the fact it was Messana and not Comunale who signed and …