njcourts.gov
… denying its motion to dismiss plaintiff's class action complaint and compel arbitration. We reverse. We take the following facts from the record. In November 2015, plaintiff Joseph … to dismiss, finding "[p]laintiff . . . raised issues of fact regarding whether the TCCWNA is applicable to his …
njcourts.gov
… appeal from an October 2, 2017 order dismissing their complaint and compelling arbitration. We affirm. On February … car repaired. When the issues with the vehicle were not remedied, plaintiffs filed a complaint on or about June 16, … the matter, requesting the motion judge provide findings of fact and conclusions of law in accordance with Rule …
default
… Grand Jury Lacked Jurisdiction. We affirm. I. The pertinent facts of this case begin back in 2011 when defendant … that defendant did not suffer any prejudice from the simple fact that the first judge empaneled the grand juries that … qualifications to hear a case are ordinarily resolved 'by common law, statute, or the professional standards of the …
njcourts.gov
… to Aberdeen Municipal Court on September 19, 2014, "to complete the record" with documents referenced in municipal … the record and the applicable law, we affirm. The essential facts are taken from the municipal court record. On December … is inconsistent with that of the municipal judge. The factual findings made by the municipal court are not …
njcourts.gov
… rule did not apply. We disagree and affirm. We recite the facts relevant to defendant's contentions on appeal. The … of the State's motor vehicle code, Officer Idzahl ran a computer search on the vehicle's license plate, which … that the officers' statements were "just a statement of facts." 4 A-3849-15T2 considering the options defendant …
njcourts.gov
… A-5561-12 (App. Div. Feb. 4, 2015). We adopt the salient facts from our previous opinion: The State's first witness … 459 (citations omitted). "To sustain that burden, specific facts" that "provide the court with an adequate basis on … would have been favorable or would have altered the outcome of the proceedings. See State v. Porter, 216 N.J. 343, …
njcourts.gov
… CONDO ASSOCIATION, INC., PROGRESSIVE BUILDING MANAGEMENT COMPANY, INC., GARDEN HOMES, INC., THE PROGRESSIVE … 34: 15-1 to -69.3. Plaintiff disagreed, contending that the facts presented did not support a special employee … benefits, the employee surrenders common law tort remedies against his or her employer and co-employees, except …
njcourts.gov
… 2C:39-5(b) (count two); second-degree possession of a community gun while engaged in criminal activity, N.J.S.A. … the number of jail credits. We gather the following facts from the record developed at the suppression motion. I … grant or deny a suppression motion, [we] 'must defer to the factual findings of the trial court so long as those …
njcourts.gov
… Defendant certified when he was arrested by police he "was committing no crime and was on [his] way to the police … a reasonable likelihood that his or her claim, viewing the facts in the light most favorable to defendant, will … R. 3:22-10(e). "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. …
njcourts.gov
… the cab. Mondragon testified that based primarily upon the fact that they were heading into "a bad area," Mondragon … for about five to ten minutes, after which defendant's companion persuaded defendant to release the bag and leave. … by the court that there are material issues of disputed fact that cannot be resolved by reference to the existing …
default
… Plaintiffs-Appellants, v. MARINA DISTRICT DEVELOPMENT COMPANY, LLC, d/b/a BORGATA CASINO HOTEL & SPA, … conditions, have presented a material dispute of facts regarding defendant's application of the PAS weight … (3) Kennelly was required by her shift manager Diane Hardie to wear a maternity costume in the early stages of her …
default
… Service, Inc., a/k/a T.U.C.S. Cleaning Services (Viscomi & Lyons, attorneys; Daniel Kaye, on the brief). PER … The motion judge found there were no issues of material fact for a jury to resolve because New York's "storm-in … was an inadmissible net opinion because the expert lacked a factual and scientific foundation to support his theory of …
njcourts.gov
… was liable for the repayment of $21,041 in unemployment compensation received during a period she was not eligible … and continued on January 8, 2015. 5 A-1865-15T1 findings of fact developed by the Appeals Tribunal. After noting … of Review, 152 N.J. 197, 210 (1997). "[I]n reviewing the factual findings made in an unemployment compensation …
default
… and also interviewed witnesses, [and a] rape kit was completed . . . ." Defendant opposed the motion. The trial court granted plaintiff's motion, finding the facts as we have related them. The court found exceptional … "Although deference will ordinarily be given to the factual findings that undergird the trial court's decision, …
default
… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State nor a prior indication from the … written decision setting forth detailed findings of fact and conclusions of law. Therefore, a summary will … a motion to suppress evidence, we must uphold the judge's factual findings, "so long as those findings 3 Bossick was …
default
… 2015 and June 2016. The State of New Jersey agreed to recommend concurrent ten-year terms of imprisonment, subject … REVIEW AND FAILED TO FULLY AND FAIRLY CONSIDER THE REVEVANT FACTS. 4 A-0360-17T4 A. A Remand is Required Because the … Judge Did Not Fully and Fairly Consider All the Relevant Facts. POINT II RESENTENCING IS REQUIRED BECAUSE THE JUDGE …
default
… as to these two issues are without merit. I. The facts leading to defendant's arrest and conviction are well … N.J. __ (2022). For our purposes, we need not repeat those facts here. II. We begin with defendant's argument, for the first time on appeal, that the prosecutor made a comment in summation that denied him a fair trial. Defendant …
default
… benefits. We remand to the Board for specific findings of facts and conclusions of law concerning Giles's ability to … and active-shooter drills. Giles testified she taught a computer lab course located on the second floor of the … resonance imaging (MRI), and electromyography (EMG) studies. A physician who worked with Dr. Weiss performed a …
njcourts.gov
… robbery, N.J.SA. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a); … to provide truthful testimony. Defendant provided a factual basis for the plea, stating that he and his two … assistance. He argues the PCR judge failed to view the facts in the light most favorable to him. State v. Marshall, …
njcourts.gov
… We affirm. We incorporate herein the procedural history and facts set forth in State v. Desa, No. A-5226-14 (App. Div. … 2017), certif. denied, 231 N.J. 539 (2017). The following facts are pertinent to the present appeal. Following a … at trial. Defendant alleged that he was "in shock" when he committed the offenses for which he was convicted because he …