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njcourts.gov
… her for cause or through a peremptory challenge. In fact, the record supports the opposition conclusion. During … We find no fault with the judge's determination. . . . . In compliance with [State v. R.D., 169 N.J. 551, 557 (2001)], … the PCR judge found defendant did not assert any specific facts regarding whom he would have called, what they would …
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njcourts.gov
… SPIRAS CLOTHING INC., 600 KINDERKAMACK ROAD OPERATING COMPANY, L.L.C., d/b/a ORADELL HEALTH CARE CENTER; and … defenses because she did 7 A-0979-15T3 "not discuss any factual details behind [them] that would give rise to a genuine issue of material fact." We denied without prejudice Messineo's request to …
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njcourts.gov
… thorough fifteen-page opinion, Judge Robert P. Becker, Jr., comprehensively addressed defendant's claims of error. We … prejudiced his right to a fair trial. We restate only the facts relevant to the denial of defendant's PCR petition. … 5 A-1593-16T2 defendant's conduct and her conduct. In fact[,] the interviewers did not have any detailed …
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njcourts.gov
… cases is limited. R. 1:36-3. 2 A-0638-22 The pertinent facts may be simply stated. Reina, a Dunellen resident, … the police: "he and his family should not have posted those comments and that it was an overreaction."1 Reina told the … health, safety[,] or welfare involves, by necessity, a fact-intensive analysis[.]" In re Forfeiture of Pers. …
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njcourts.gov
… (the Mieles) as sanctions. We affirm. I. The chronology and factual background are set forth in this court's unpublished … entered on July 15, 2020. We incorporate, by reference, the facts stated in our prior opinion. Rosenblum v. Borough of … llamas. On December 15, 2020, plaintiff filed a third-party complaint with the Bergen County Tax Board (the Board) …
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njcourts.gov
… denial. We affirm. I. We glean the following pertinent facts and procedural history from the record. In both the … squarely addressed the operation issue. The hearing commenced with the prosecutor explaining to the court that … who answered all her questions. She acknowledged her satisfaction with counsel's representation. Responding to …
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njcourts.gov
… argues the trial judge relied on improper and inconsistent facts and flawed legal interpretations when it granted … application. We granted leave to the State to appeal. The facts pertinent to this appeal are taken from the one-day … driving his mother's car. Upon request, however, defendant complied with Russo's direction to provide his name and …
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njcourts.gov
… in accordance with Rule 1:7-4. I. We discern the salient facts from the record before the trial court on plaintiff's … City Clerk and defendant violated the CRA. In her verified complaint, plaintiff certified to her version of the events … Attorney, jointly or severally. Without setting forth the factual basis or law underpinning its decision on the …
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njcourts.gov
… and penalties. In exchange for his guilty plea, the State recommended probation, conditioned on an Avenel evaluation, no … plea was accepted after defendant provided an adequate factual basis where he testified to downloading materials … in a letter memorandum. The State's relied on the following factors of N.J.S.A. 2C:43-12e: (1) the nature of the …
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njcourts.gov
… sixteen-page written decision setting forth its findings of fact and conclusions of law. The Task Force was responsible … non-response given defendant's violent history and the fact that he had otherwise followed the officers' commands. In order to protect the 5 A-0003-22 safety of the …
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njcourts.gov
… to keep the fruits of their offense, and deprive victims of compensation for the losses suffered. As such, we conclude a … claim of "excusable neglect" was unsupported by the facts presented, but even if defendant's factual assertions were true, there was no reasonable …
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njcourts.gov
… and Susswein. On appeal from the New Jersey Department of Community Affairs, Docket No. CAF 14686-16. Gerd W. Stabbert … only briefly summarize the procedural history and relevant facts, which are thoroughly recounted in the ALJ's initial … she mischaracterized, ignored or otherwise did not consider facts in support of [petitioner]'s defenses. 1. The DCA's …
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njcourts.gov
… Milford's motion for summary judgment and dismissing their complaint with prejudice. Having considered plaintiffs' … the applicable law, we affirm. I. We derive the following facts from the summary judgment record and view them in the … any, show that there is no genuine issue as to any material fact challenged and 7 A-2909-20 that the moving party is …
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njcourts.gov
… Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea allocution, defendant admitted to the factual predicates of the crimes to which he was pleading … of an evidentiary hearing, we review de novo both the factual inferences drawn from the record by the PCR judge …
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njcourts.gov
… and Michael Palcko's motion to dismiss plaintiff's complaint and compel arbitration. We affirm. Plaintiff is a … the trial court, we "examine 'the legal sufficiency of the facts alleged on the face of the 8 A-2056-21 complaint,'" … the plaintiff the benefit of all reasonable inferences of fact. Ibid. (quoting Dimitrakopoulos v. Borrus, Goldin, …
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njcourts.gov
… result of the incident. Plaintiff and his wife Olga filed a complaint against the New Jersey Department of … She reasoned that even if plaintiff raised a material factual dispute as to whether the metal rod fell from the … erred in granting summary judgment because a reasonable factfinder could conclude that the metal rod came from the …
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njcourts.gov
… the informant's allegations were not corroborated. He also complained that the police did not field test the substances … or denial of a motion to suppress [we] must uphold the factual findings underlying the trial court's decision so … however, and the consequences that flow from established facts are not entitled to any special deference." Ibid. …
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njcourts.gov
… Dr. Bressler, writing in 2019, nearly six years after the fact, contends all medical records indicate that [defendant] … In rejecting the plea, defendant repeatedly and clearly communicated he understood the nature of the charges, … 518, 540 (2013). Our review is deferential to a PCR court's factual findings supported by sufficient credible evidence. …
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njcourts.gov
… appeals from the entry of summary judgment dismissing her complaint against defendant Ocean Township. Because we agree … was properly granted to the Township on the undisputed facts, we affirm. These are the essential facts, all of which are undisputed. Plaintiff and her adult …
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njcourts.gov
… at the suppression hearing, we derive the following facts from the transcript of the telephonic search warrant … the house and a chain link fence. Defendant immediately complied by lying face down on the ground with his hands … 412, 424 (2014). Deference is given to the trial court's factual findings unless they were "clearly mistaken" or "so …