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njcourts.gov
… The next day, she fell while attempting to use the commode, striking the back of her head. Three days later, … . . show that there is no genuine issue as to any material fact." Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, … In determining whether there is a genuine issue of material fact, the "court must 'draw[] all legitimate inferences from …
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njcourts.gov
… In his PCR petition, defendant claims he could not have committed the offense to which he pled guilty because he is … of review applies 6 A-3080-20 to mixed questions of fact and law. Id. at 420. Where an evidentiary hearing has … our authority "to conduct a de novo review of both the factual findings and legal conclusions of the PCR court." …
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njcourts.gov
… Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and to compel arbitration of those claims. We affirm. I. Defendant … staffing agency. Sandoz, a division of Novartis Group, manufactures generic pharmaceuticals and biosimilars. The two … of a non-party to compel arbitration under the specific facts of this matter." This appeal followed. Sandoz argues …
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njcourts.gov
… The next day, she fell while attempting to use the commode, striking the back of her head. Three days later, … . . show that there is no genuine issue as to any material fact." Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, … In determining whether there is a genuine issue of material fact, the "court must 'draw[] all legitimate inferences from …
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njcourts.gov
… SUK CHANG SUH, and SC & NJ SUH REALTY LIMITED LIABILITY COMPANY, Plaintiffs-Appellants, v. REDSTONE TREMATORE … For the reasons that follow, we affirm. I. The following facts are taken from the record. On May 22, 2012, plaintiffs … a pleading: whether a cause of action is 'suggested' by the facts." Printing Mart-Morristown v. Sharp Elecs. Corp., 116 …
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njcourts.gov
… dismissal of plaintiff Tina Waldeier's personal injury complaint, in which she alleged defendant Piper I Townhouse … the motion record presented no genuine issue of material fact. We also agree with the trial court's legal … as the non-moving party, R. 4:46-2, supports the following facts. Plaintiff was thrown from her bicycle and injured …
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njcourts.gov
… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-944. Littie E. Rau argued the … suggested we should draw our own inferences based on the facts presented during the hearings before the ALJ. We … in the record; and (3) whether in applying the law to the facts, the agency clearly erred in reaching a result that …
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njcourts.gov
… capacity on the issue of culpability or as a mitigating factor at sentencing. After reviewing the record developed … Pursuant to a negotiated plea agreement, the State recommended that the court sentence defendant to a five-year … also eliminated this risk. Defendant provided the following factual basis in support of her guilty plea to second degree …
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njcourts.gov
… of reasonable professional assistance." Id. at 689. The fact that a trial strategy fails to obtain for a defendant the optimal outcome is insufficient to show that counsel was ineffective. … that an evidentiary hearing is warranted to develop the factual record in connection with an ineffective assistance …
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njcourts.gov
… in substantial risk of harm. We disagree and affirm. I. The facts were established at an evidentiary hearing where five … 77, 89 (App. Div. 2008)). We will uphold the family court's factual findings and credibility determinations if they are … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent …
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njcourts.gov
… summary judgment dismissing plaintiff's legal malpractice complaint. We affirm. We take the following facts from the record. In October 2009, Serulle allegedly … that these defendants should have been able to prove these facts in the underlying or original action." The judge …
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njcourts.gov
… Neither of those arguments are supported by the material facts in the record and, therefore, we affirm. I. In … From 2013 through 2015, defendant continued to communicate with the Bank regarding a loan modification. No … arguments find any support from the material undisputed facts in the record. We use a de novo standard in reviewing …
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njcourts.gov
… of defendant Timothy James Echeandia and dismissing her complaint. We affirm. The facts are undisputed. Plaintiff was a tenant in an apartment … to the extent required by the [ECD] . . . ." The ECD "embodies the principle that the adjudication of a legal …
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njcourts.gov
… Strengthen Our Sisters summary judgment and dismissing her complaint for damages that arose from injuries she sustained … was not warranted because there was an issue of material fact as to whether she was a beneficiary or a volunteer at … was not acting as a volunteer. We derive the following facts from the evidence submitted by the parties in support …
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njcourts.gov
… NANCY R. MAZIN, PC, Defendant-Respondent, and VINYL RAILING FACTORY, LLC, and WILLIAM G. MILLIGAN, individually and t/a VINYL RAILING FACTORY, LLC, Defendants. _______________________________ … in favor of defendant Nancy R. Mazin and dismissing his complaint; and September 14, 2018, imposing sanctions of …
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njcourts.gov
… 2007. Once plaintiff became the director of sales, STORIS compensated him using a base salary plus commissions on … of either the President or COO. The provision entitled "Manufacturer/Franchise Deals/Reseller" stated: Commissions and Quota applicability for transactions with a Manufacturer, Franchiser, Buying Group, Reseller, or an …
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njcourts.gov
… and possession of a firearm while in the course of committing certain drug offenses, N.J.S.A. 2C:39-4.1. In a … tracks." Defendant claimed he wanted to testify as to these facts, but trial counsel told him not to do so, given … of rust formation, [trial counsel's] performance, given the facts of this case, was well within the range of competence …
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njcourts.gov
… weapons offenses and terroristic threats. The following facts are derived from the suppression motion hearing. At … an anonymous caller had described an ongoing incident on Community Lane in Elizabeth. The caller stated that a … noted it was a black male with a beard wearing a gray hoodie. Based on his nineteen years of experience and his …
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njcourts.gov
… denying the PCR petition. Judge Isabella also issued a comprehensive written opinion. Defendant's convictions arose … "Sophie" Rojas. We have previously summarized the relevant facts in our decision issued in 2013. In short, defendant … in support of PCR, "there are material issues of disputed fact that cannot be resolved by reference to the existing …
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njcourts.gov
… assault, N.J.S.A. 2C:14- 2(c)(4), in exchange for a recommendation that he be sentenced as a third-degree offender … about entering into the plea. Defendant then gave a factual basis for his plea, admitting to having sexual … excusable neglect. The judge concluded that "[t]he fact that [p]etitioner did not know the law regarding time …