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… Plaintiff initiated this action by filing a "Verified Complaint in Lieu of Prerogative Writs" on June 18, 2013. He … each case must be resolved on its own particular facts." Baumann, 95 N.J. at 395. The facts of this case do not support a finding of exceptional …
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… contend they are entitled to a new trial because the court committed errors before, during, and after trial which … and affirm for the reasons which follow. I. The salient facts come from testimony at trial. Defendant, Kaynes … between Kaynes and Kaible. 1 We omit a recitation of the facts and procedural history of plaintiffs' third motion as …
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… the issue of who caused the victim's death and to show the facts and circumstances immediately prior to the shooting." … op. at 30). We also rejected defendant's second argument as factually 4 A-1913-21 inaccurate because "the trial judge … was ineffective with respect to the video recording were "completely without merit." Id. (slip op. at 12). The Supreme …
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… legal principles, we affirm. I. We summarize the pertinent facts and events from the motion record. For several … On February 19, 2021, the Association filed a five-count complaint against defendant to recover the unpaid fees under … of subsection (f) "must be resolved on its own particular facts," Baumann, 95 N.J. at 395, and "[n]o categorization …
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… LD, and YV, Plaintiff-Appellant, v. NEW HAMPSHIRE INSURANCE COMPANY, a subsidiary of the CHARTIS GROUP, owned by … is limited to examining the legal sufficiency of the facts alleged on the face of the complaint." Printing … employees relinquished their right to pursue common-law remedies in exchange for automatic entitlement to certain, but …
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… (1) untimely and prejudicial; (2) excessive; and (3) not in compliance with this court's directives on remand. We reject … Div. June 20, 2022). We will briefly summarize some of the facts and proceedings to place the attorneys' fees issue in … appended to the order, the trial court made findings of facts and conclusions of law. The court briefly listed the …
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… any person owning, keeping or harboring the same shall be accompanied by a person capable of controlling said dog and … and hasty retreat" inside. In his written findings of fact, the municipal judge noted that defendant already had … "two- court" principle of affording deference to the factual findings of a municipal court that have been upheld, …
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… beyond the five-year period if the petition "allege[d] facts showing that the delay beyond said time was due to … [wa]s a reasonable probability that if the defendant's factual assertions were found to be true, enforcement of the … to entertain oral argument on a PCR petition [wa]s committed to 'the sound discretion of [PCR] court,'" citing …
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… On April 26, 2023, plaintiff filed a domestic violence complaint alleging assault, criminal coercion, sexual … a dismissal of the action . . . on the ground that upon the facts and upon the law the plaintiff has shown no right to … follow. That may be attributable, at least in part, to the fact that she did not have the opportunity to prepare for …
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… court for further proceedings. I. We discern the following facts from the record. Sprouts Private Membership … cooking, wilderness skills, hiking, formal academic studies, and the exchange of goods amongst its members. For the … application was pending, the Township filed a verified complaint and order to show cause on October 19, 2022, …
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… Indictment No. 10-02-0238 with third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2 (count … of PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, … investigate the case, the defendant must state the facts that an investigation would have revealed, supported …
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… limited. R. 1:36-3. January 10, 2019 2 A-1633-17T4 amended complaint to include Diomedes Morel (Diomedes),1 defendant … In its oral decision, the court considered the undisputed fact that plaintiff knew about the businesses and the … of justice." R. 4:9-1; see also R. 5:4- 2(e). "[T]he factual situation in each case must guide the court's …
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… IN THE MATTER OF ROBERT RANDOLPH, JUVENILE JUSTICE COMMISSION _____________________________ Submitted June 6, … from his personal opinion. However, the ALJ did find as a fact that Randolph had forwarded sexually suggestive … the agency's expertise when such expertise is a pertinent factor." Close v. Kordulak Bros., 44 N.J. 589, 599 (1965); …
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… appeals from two May 12, 2017 orders: (1) dismissing the complaint with prejudice for failure to provide NOT FOR … to the active trial list. We affirm. We glean the following facts from the record. Plaintiff sustained injuries in a … for medical and employment records. Among the remedies the trial court may impose is an order "dismissing the …
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… of an independent special prosecutor to pursue a citizen-complaint once probable cause has been determined. We … carefully examining available evidence, the law, and the facts. The judge also addressed Brennan's argument that … the Pennsylvania Supreme Court recognized in that case, the facts presented there were distinguishable from a situation …
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… 7, 2019 2 A-4883-16T3 1(a)(1); second-degree conspiracy to commit robbery, pursuant to N.J.S.A. 2C:5-2(a)(1); … through the evidence 'to determine whether any trier of fact could rationally have found beyond a reasonable doubt … observing his demeanor, and that his testimony was not "studied or rehearsed." Notably, neither E.B. nor S.R. were …
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… in the indictment at sentencing, the State agreed to recommend 3 A-1592-16T4 a non-custodial probationary … 5, 2014." We added, however, that because "there were no facts in the record by way of certifications to support the … AND THE COURT'S FINDINGS TO THE CONTRARY PARTAKE OF FACTFINDING AND CREDIBILITY 3 We have consolidated Points I …
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… they were unable to locate defendant. Stevens swore out a complaint, which charged defendant with resisting arrest by … N.J. 587, 589 (2018), which defendant cites for support. In fact, defense counsel asked the jury to consider whether … of a crime is especially crucial to the 10 A-3879-16T4 satisfaction of a criminal defendant's due process rights." State …
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… a business entity, Defendants, and FARMERS INSURANCE COMPANY OF FLEMINGTON, a business entity, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … as a matter of law." If there are no genuine and material factual questions, we then determine whether the trial court …
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… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … as a matter of law and, thus, plaintiff did not in fact have an interest in their property. In response, in … and adjudicates all of the issues arising out of the same facts." In his opposition to defendants' summary judgment …