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… COURT'S UNCLEAR CREDIBILITY FINDINGS AND OVERALL FAILURE TO COMPLY WITH R[ULE] 1:7-4. (Not raised below) III. THE … for the trial court to make full and complete findings of fact and conclusions of law. I. The procedural posture of … defense counsel argued that "credibility [wa]s a major factor here" where so much time had elapsed after the …
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… Dr. Samuel Wordeman, and to bar any reference to the fact that the police were not called to the accident scene. … Dr. Wordeman also reviewed various scientific studies and cited calculations that he performed in arriving at … A determination on the admissibility of expert evidence is committed to the sound discretion of the trial court. …
njcourts.gov
… Inc. (ABM) summary judgment dismissal of her negligence complaint. We affirm. Plaintiff alleged she was injured when … A-3048-23 concluded there was "no genuine issue of material fact as to ABM's negligence[,] as they were never aware of … falling." Likewise, there was no genuine issue of material fact regarding DAE's negligence. The judge rejected …
njcourts.gov
… McQueen appeals from a March 21, 2024 order dismissing her complaint with prejudice for failing to state a claim. We affirm. I. We discern the salient facts from the motion record before the Law Division. … private citizens from availing themselves of the CFLA's remedies. Plaintiff urges us to hold that the trial court erred …
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… revolver or other firearm originally designed or manufactured to fire or eject any solid projectile, ball, slug, … one must have a knowing, intentional control of that item accompanied by a knowledge of its character. So, a person who … his/her person at the time of the arrest, if he/she had in fact, at some time prior to his/her arrest, had control over …
njcourts.gov
… are to be performed is in business; and (11) such other factors as may be reasonably considered in determining … to as a master-servant relationship, is a matter of fact for a jury rather than law for a judge. Bennett v. T. & … the business shall be done, as well as the result to be accomplished, or, in other words, not only what shall be done, …
njcourts.gov
… … 2C:29-2b) … The indictment charges the defendant with committing the crime of eluding an officer. The indictment … It is your exclusive province to determine whether the facts and circumstances shown by the evidence support any … of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, …
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2C:39-7b(2)
Charges Document PDF
njcourts.gov
… Persons count of the Indictment)1 You must disregard completely your prior verdict, and consider anew the … to the presumption of innocence. Each and every material fact that makes up the crime, including the element of … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …
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njcourts.gov
… 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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… we reverse and remand for trial. We glean the following facts from a body camera video and the testimony of Officer … placed under arrest and heroin was found in defendant's hoodie pocket. A grand jury returned an indictment charging … appears to drop his hand to his waistband, in the area commonly used by an armed person to conceal a weapon. It was …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …