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njcourts.gov
… Citigroup and Feng Zhang and the dismissal of the complaints with prejudice. For the reasons that follow, we … affirm in all other respects. I. We derive the following facts from evidence submitted by the parties in support of, … clients. Second, there were genuine issues of material fact regarding plaintiff's unjust enrichment claims. These …
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njcourts.gov
… v. HARBOR VIEW ESTATES LIMITED LIABILITY COMPANY, Defendant-Appellant, and RICHARD SHULMAN, JOHN … 205 N.J. 150, 169 (2011). The trial court's findings of fact are entitled to deference on appeal and will not be … value and, therefore, too high." The trial court's factual findings are supported by substantial credible …
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njcourts.gov
… Andrew Katchen, and denying defendants' cross-motions to compel plaintiffs to FINRA2 arbitration. At the outset, we … arbitration award requires no special standard, findings of fact must be accepted if not clearly erroneous, and … law and the legal consequences that flow from established facts are not entitled to any special deference."). Where …
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njcourts.gov
… the judge's finding that defendants failed to present "competent" evidence to support the remedy they seek. … to "prevent a windfall" had to await "a full and complete factual record." Id. at 122. In resolving the prior … the court may, through the imposition of flexible remedies, adjust the parties' rights, with regard to the facts, …
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njcourts.gov
… the charges would be dismissed upon defendant's successful completion of PTI. Because the record does not reveal the … victim sustained bodily injury. After eliciting defendant's factual basis and reviewing the rights he relinquished by … in his affidavit, however, defendant asserted he "was in fact told to speak with an immigration lawyer about the 1 …
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njcourts.gov
… counsel and on the brief). PER CURIAM In these consolidated commercial tenancy matters, the tenant Art Resources, LLC … forth in the original judgment. We discern the following facts from the record. Art Resources, a wholesaler of … "assume[d] that Art Resources [did] not take issue with the facts found, but still maintain[ed] disagreement with the …
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njcourts.gov
… 2C:39-5(b) (Count One); second- degree possession of a community gun, N.J.S.A. 2C:39-4(a)(2) (Count Two); and … TERM, FAILED TO CREDIT AND WEIGH AGGRAVATING AND MITIGATING FACTORS, AND MISUNDERSTOOD WHICH VERSION OF THE GRAVES ACT … Presence is not in itself conclusive evidence of that fact. Whether presence has any probative value depends upon …
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njcourts.gov
… 23, 2018 order denying a motion to reinstate tax appeal complaints and an August 31, 2018 order denying reconsideration.1 We affirm. The facts and procedural history leading to these appeals are … that thwarts persistent efforts to obtain the necessary facts." Id. at 515. The failure to furnish an expert report …
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njcourts.gov
… NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL … that follow, we affirm in part and reverse in part. I. The facts gleaned from the pleadings and motion record are … contend that the judge improperly limited the remedies available to them under their claim for public …
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njcourts.gov
… (Domestic PA) and an order entered on June 19, 2019, which compelled Foulke to arbitrate its dispute with defendant, … PA. We affirm both orders. I. We derive the following facts from the parties' motion papers and the facts … it was "silent in respect of plaintiff 's statutory remedies." 168 N.J. at 135. The Court found the clause's failure …
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njcourts.gov
… for relief from the PSA. We affirm. We take the following facts from the record. The parties were married for nearly twenty-four years at the time plaintiff filed a complaint for divorce in November 2014. During the marriage, … of the circumstances, the [c]ourt has to look at the fact that there was an EEOC complaint filed subsequent to …
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… Cross-Respondents, and SOLBERG AVIATION COMPANY and SOLBERG AVIATION CO., INC., Defendants. … awarded to her for Thor's use of the residence and the remedies granted to her in other respects were insufficient. For … observed that Thor's then-probable debt was "only one factor" that had informed his prior decision to award fees. …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS ____________________________________ : … Forster By: Stephanie A. Mitterhoff, J.S.C. 2 STATEMENT OF FACTS This matter came before the court by way of Defendant … Cir. 2011) (holding that the court must only consider the facts alleged in the pleadings that affirmatively implicate …
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njcourts.gov
… the day and invited a fourteen- year-old female friend to come to his house. They were sitting on the bed in his … count failed to provide him with notice of "the essential factual ingredients of the offense" and, further, should be dismissed …
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… DIVISION DOCKET NO. A-5294-13T2 IN THE MATTER OF THE CIVIL COMMITMENT OF J.A., SVP-528-09. … March 24, 2017 2 A-5294-13T2 I. We discern the following facts from the record.1 Appellant's history of sexual … possession of a weapon. 1 For the most part, the pertinent facts are set forth in the State's petition and appellant's …
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njcourts.gov
… Department. We affirm. I. This case arises out of tragic facts, which are substantially undisputed. We consider those facts, and all reasonable inferences therefrom, in a light … that contributed to the incident in this case were completely natural and unaffected by any improvements in the …
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njcourts.gov
… the cross appeals. I. We briefly summarize the relevant facts and procedural history. Since November 2000, plaintiff … law and departmental written directives," neglected to "complete a thorough [d]aily [a]ctivity [l]edger to include … leave his zone to purchase breakfast and took the more expedient route to his residence to retrieve a spoon and secure …
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… years of parole ineligibility. A. We relate relevant facts from defendant's Wade hearing. On January 26, 2014, … her and said "give me that." He was dressed in a black hoodie that was not pulled up, black pants, was of "African … drove up the street. She ran up to another person who was coming over to her, and he called 911. The police arrived …
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… followed up with Dr. Basch, an orthopedic surgeon, who recommended more PT. He also discussed spinal injections and … in radiology. Based upon his review of plaintiff's film studies, Dr. Berg concluded that plaintiff's "spinal cord was … a bedrock part of our system of civil justice and that the factfinding functions of a jury deserve a high degree of …
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njcourts.gov
… claim. We affirm. I. We briefly summarize the pertinent facts and procedural history. The Township employed … Business Administrator. In February 2013, plaintiff filed a complaint in the Law Division against the Township, … a party filing the action to exhaust administrative remedies, "[e]xcept where it is manifest that the interest of …