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… arguments and governing legal principles, we affirm. I. The facts adduced at trial and the procedural history leading up … slip op. at 2. We also concluded defendant did not overcome the presumption of imprisonment set forth in N.J.S.A. … credit for his probation, particularly in view of the fact that during that time he successfully completed the …
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… 2 A-3412-17T4 This appeal concerns whether a plaintiff company complied with the ninety-day deadline prescribed by … so, we decline to rely upon unpled and unsubstantiated factual contentions about plaintiff's communications with … the negligence claims. I. The sparse record reveals these factual allegations and procedural events pertinent to the …
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… from a November 7, 2017 order denying their motion to compel arbitration and stay further proceedings in this … only to arbitration and that derive their meaning from the fact that an agreement to arbitrate is at issue. This is not … only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue." …
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… dismissal for failure to state a claim of her original complaint's first count, which alleged a violation of the … plaintiffs are entitled to every reasonable inference of fact. The examination of a complaint's allegations of fact … action . . . shall be deemed a waiver of the rights and remedies available under any other contract, collective …
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… Michael A. Jackson guilty of third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2. He … him. We discern no reversible error and affirm. I. The facts at trial establish that on November 6, 2014, the home … issued the following instruction to the jury: THE COURT: Ladies and gentlemen, I'm going to strike the last question …
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… entered judgment in favor of defendants and dismissed the complaint with prejudice. Plaintiff moved for judgment … New York law to apply on 8 A-1559-17T2 this point. In fact, during the charge conference, plaintiff's counsel … claims that defendants' trial testimony was so contrary to facts asserted in prior discovery, and defense counsel's …
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… party in an action to collect defendant's share of a common assessment to repair a leaking roof. Based upon our … premised upon consideration of irrelevant or inappropriate factors, or amounts to a clear error in judgment.'" Grow … we agree with the trial court's conclusion that there is no factual underpinning for relief under the Rule's subsections …
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… "downstairs" where "[i]t sounded like [the noise] was coming from." Detective Falaise testified Jefferson Sr. led … 121 (App. Div. 1995)). We defer to the judge's findings of fact "which are substantially influenced by [the] … Johnson, 42 N.J. 146, 161 (1964)), and "do not disturb the factual findings and legal conclusions of the trial judge …
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… appeals from Law Division orders dismissing his amended complaint, which asserted claims of legal malpractice and … for the $30,000 fee paid to Margeotes, despite the fact that defendants had no time records regarding … to return funds they knew were unearned; they disputed the fact that the fees were unearned. Because this is merely a …
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… WAS AN IMPROPER DISCOVERY VIOLATION, SO AFFECTING THE OUTCOME THAT THE CONVICTION SHOULD BE OVERTURNED [(raised … in understanding the witness' testimony or in determining a fact in issue." The opinion testimony of police officers, … for offering the view of the witness about a series of facts that the jury can evaluate for itself . . . ." Id. at …
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… serious offense of first- degree aggravated sexual assault committed by an act of sexual penetration on a child under … We are unpersuaded. Generally, the following three factors pertain when reviewing the impact of the … her. Defense counsel did not object to this question. In fact, defense counsel probed the subject further on …
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… On Site d/b/a Centrix Staffing, Inc. (Centrix), a company that provided workers to defendant Waste Management … without regard to fault, and surrenders common law tort remedies against his or her employer and co- employees, except … of the Blessing criteria was satisfied. As to the first factor, whether an implied contract was created, the court …
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… a 30-day sentence, and suspended same pending defendant's completion of a one-year period of probation. I. The … in relevant part: a. Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived … WITH REGARD TO MATERIAL MISREPRESENTATION WERE LEGALLY AND FACTUALLY INCORRECT. We have considered these arguments in …
njcourts.gov
… order granting counsel fees. We affirm. I. The following facts are taken from the record. Lemad purchased lot 6 on … on August 7, 2015. Because the Honachefskys failed to complete any work on Echo Lane, Lemad filed a motion to … services rendered are reasonable and appropriate. Given the facts presented by both parties, the court concludes $2000 …
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… on the premises. Carolyn and her parents allege in their complaint in this civil action that, despite these … of the school-district defendants did not cause or factor into the sexual abuse suffered by Carolyn. Nor did … a plaintiff "need only raise a genuine issue of material fact in respect of causation sufficient to permit a rational …
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… 2017 2 A-5182-15T1 This appeal arises from the following facts. Plaintiffs entered into a lease for certain premises … rent of $3900. The lease identified Trinity Referral Company, LLC (Trinity) as the landlord and "Esther Krukowski … 169 (2011). We will not disturb the judge's findings of fact and legal conclusions unless "they are so manifestly …
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… three); second-degree possession of a firearm during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) (count … CONTESTING THE EXISTENCE OF THE PRIOR CONVICTION, OR THE FACT THAT IT SATISFIES THE ELEMENT OF THE CRIME, AND WHERE … of PCR, the court determines there are material issues of fact that cannot be resolved based on the existing record, …
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… video- recorded statement admitting to possessing and manufacturing child pornography. The parties also appeal from … with an investigation involving the possession and manufacturing of child pornography. When they arrived, they … denied knowledge of child pornography being downloaded on computers in the home. The detectives "zip-tied" defendant's …
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… Daniel Rizzo appeals from an August 22, 2017 order compelling arbitration of his discrimination claims and … to say Vincent Morra was a non-signatory because Morra in fact signed the agreement for Island Medical. He clearly is, … law and the legal consequences that flow from established facts are not entitled to any special deference.'" Ibid. …
njcourts.gov
… and Rose. On appeal from the New Jersey Civil Service Commission, CSC Docket No. 2011-1335. Blaney & Karavan, PC, … first ALJ. We affirm. I. We incorporate by reference the facts and procedural history set forth in the second ALJ's … review for bench trials[,]" where we will affirm an ALJ's factual findings "to the extent they are supported by …