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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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … an award “merely because the court would have decided the facts or construed the law differently.” Carpenter v. … that Defendants lack any statutory basis to support a factual and merits based review of Judge Keefe’s Final …
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njcourts.gov
… DOCKET NO.: BER-L-2714-12 vs. Civil Action BANK OF AMERICA, COMMERCE BANK, N.A., TD BANK NORTH, DONNA P. LUHN, TRINA P. … of the action or of any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to … entitled because he was doing work for the Plaintiff. The factual evidence at trial does not support the necessary …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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. …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… "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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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
… Center (HCCC) summary judgment and dismissal of plaintiff's complaint. We affirm. Plaintiff's son, Naphtali Dykes was … and the legal consequences that flow from the established facts . . . de novo." Granata v. Broderick, 446 N.J. Super. … to released detainees, no duty can be established under the facts presented here. She contends the trial judge abdicated …
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njcourts.gov
… We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge Arthur J. Batista. … his sentence pending appeal. 3 A-2165-23 I. We derive the facts from the testimony and other evidence presented in the … and found it was "conveniently embroidered to serve his studied purpose." After striking Brian's vehicle, the judge …
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njcourts.gov
… hearing. Because the reasons expressed in the PCR judge's comprehensive oral opinion are supported by sufficient … set forth below. I. We incorporate the procedural and factual history from our opinion affirming defendant's … judge concluded Kelly's testimony 6 A-0880-21 "severely and factually" contradicted defendant's testimony. The judge …
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njcourts.gov
… and KRAFT MACHINES INC. and MALEX PLASTIC COMPANY, Defendants, v. EMPLOYERS PREFERRED INSURANCE, … analysis and affirm. 3 A-1702-21 I. We discern the material facts from the summary-judgment record, viewing them in the … by Bravo's intentional conduct and, therefore, his remedies should not be confined to Compensation Act benefits. In …
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njcourts.gov
… 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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njcourts.gov
… We discern the following procedural history and pertinent facts from the record.1 On February 9, 2006, twenty-year-old … 2007, he was released from prison and parole supervision commenced. In March 2009, Shearrin's parole was revoked for … we discuss in Section IV, infra, we limit our review to the facts adduced at the parole revocation hearing and the …