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… challenges orders denying his motion to reinstate his complaint against Bauer Hockey, Inc., the manufacturer of an allegedly defective hockey helmet, and … and remand for further proceedings. We recite the following facts from the motion record. On October 11, 2015, …
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… statutes provide an actor is guilty of sexual contact if he commits an act of sexual contact with another person and the … constitute criminal sexual contact. We note fellatio is, in fact, sexual penetration. N.J.S.A. 2C:14-1(c). 2 The … I just know of the name and that she was also one of the ladies that had come forward. Q. Would you recognize her if …
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… CURIAM Defendant P.D.1 appeals from the February 1, 2018 fact-finding determination that he abused or neglected a … Division records, which were admitted into evidence at the fact- finding hearing, reveal the following information. In … services were 4 A-3431-17T3 necessary, defendant agreed to comply with services as long as they did not conflict with …
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… DOCKET NO. A-0568-17T1 SELECTIVE CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. EXCLUSIVE AUTO COLLISION … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to 8 … omitted). "Rule 4:46-2(c)'s 'genuine issue [of] material fact' standard mandates that the opposing party do more than …
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… "to certain groups of medically needy persons whose income and/or resources exceeds the standards for the Medicaid … compensation for her services to her parents as attorney-in-fact. The court granted her request in September 2014. … by Diana, in her individual capacity, Diana as attorney-in-fact for M.P. and his wife, and M.P.'s attorney, to deposit …
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… to file a late expert report. We affirm. I. The following facts are taken from the record. On January 9, 2014, … Rottino and Paragon Federal Credit Union (Paragon) had a competing mortgage on plaintiff's home located in Saddle … trial was scheduled for June 6, 2016, stated: "No further fact witness to be deposed. All parties have had more than …
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… and the applicable law, we affirm. We discern the following facts from the record as essential to our determination. On … Due to the fire and the ensuing loss of monthly rental income, defendant states he was unable to continue mortgage … ASIC agreed to pay $197,969.95 to MetLife in satisfaction of the balance owed on the note as secured by the …
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… judgment in favor of plaintiff. We affirm. The following facts are taken from the record. On July 8, 2003, Augustine … N.J.S.A. 2A:50-53 to -73. On December 21, 2015, plaintiff commenced a foreclosure action in the Chancery Division. On … A-1647-16T1 apply to mortgages given to secure a debt embodied in a negotiable instrument. Carnegie Bank v. Shalleck, …
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… LLC. We affirm. I. This appeal arises from the following facts. Mr. Czyz is the owner of real property in … plaintiffs filed this action against defendant. In their complaint, plaintiffs asserted a claim for negligence, … must determine if a cause of action is suggested by the facts alleged. Printing Mart-Morristown v. Sharp Electronics …
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… an evidentiary hearing. We affirm. We derive the following facts from the record. Members of the Hackensack Police … of third-degree distribution of CDS in exchange for a recommended sentence of a five-year term with a … page of the plea forms and signed it because he was, in fact, guilty of the offenses, and that he had no questions …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-4526-18T3 BOB MEYER COMMUNITIES, INC., Plaintiff-Appellant, v. OHIO CASUALTY … as plaintiff[,]" the judge concluded there were material factual disputes as to the reasonableness of the … specifically left open the issue of whether there was, in fact, coverage under the policies. In short, there was no …
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… of defendant Steven L. Rasner, D.M.D. and dismissing her complaint with prejudice for failure to provide an affidavit … of plaintiff's complaint for failure to provide an AOM. The facts are undisputed. Plaintiff went to defendant's dental … counsel replied an AOM was not required under the facts of the case. Defendant responded a motion for summary …
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… defendant Michael Herbst, was convicted of operating a commercial vehicle in a prohibited lane of travel, N.J.S.A. … sentence. We affirm. I. The record discloses the following facts. On July 11, 2018, while on patrol on the New Jersey … the municipal court issued comprehensive and detailed factual findings to support its conclusion that defendant …
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… 42 N.J. at 162). The trial court's application of its factual findings to the law, however, is subject to plenary … "is valid if it is based on specific and articulable facts which, taken together with rational inferences from … of the validity of an investigatory stop balances the competing interests between "a citizen's privacy and freedom …
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… as a senior corrections officer for the Juvenile Justice Commission. The facts pertaining to that event are essentially undisputed. … ALJ ultimately determined Prendeville "embellish[ed] the facts of the incident and the credible expert testimony of …
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… 1:36-3. 2 A-2541-18T3 Plaintiffs Joseph P. Carney and his company, Carney's Inc. (Carney's), a bar in Cape May, appeal … to close for the night was a genuine issue of material fact that should have prevented summary judgment from being … expressed by Judge Gibson in his thorough decision. The facts viewed in a light most favorable to plaintiffs are …
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… brought under the aggravated sexual assault statute "may be commenced at any time." N.J.S.A. 2C:1-6(b)(4) provides, … assertion. The judge added that the defense of mistake of fact is unavailable to those charged with aggravated sexual … INEFFECTIVE BY FAILING TO RAISE THE DEFENSES OF MISTAKE OF FACT OR LAW. In an uncounseled brief, defendant asserts: …
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… BLANCO-ALQUACIL, AFFINITY CARE OF NEW JERSEY, HEALTH AND COMFORT HOME CARE AGENCY, Defendants, and BOROUGH OF … at the subject intersection. The judge reasoned "[t]he fact that 2 Contrary to the requirements of Rule … to our consideration of the sign immunity under the facts of this case. He does not. We gave the parties the …
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… During the plea hearing, defendant stated he felt "comfortable" proceeding with the services of the interpreter … jury trial, that he was pleading guilty because he was, in fact, guilty, and that no one coerced, forced, or threatened … 559 U.S. 356, 372 (2010). The court must consider the facts in the light most favorable to the defendant to …
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… defendants). We affirm. We derive the following material facts from the evidence submitted by the parties in support … manager at the Toyota dealership. As a manager, plaintiff's compensation 3 A-2374-19 was based solely on the commissions … party, show that there are no "genuine issues of material fact" and that "the moving party is entitled to summary …