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njcourts.gov
… 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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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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njcourts.gov
… 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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njcourts.gov
… for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or self-dealing … that they proposed to subpoena records from New Jersey Manufacturers Insurance Company (NJM), which was Sehwail's … subpoena "will bear directly upon whether [d]efendant, in fact, made a claim 9 A-4327-18T2 specifically for lodging …
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njcourts.gov
… of the New Jersey Department of Corrections (DOC) that he committed prohibited act *.002, assaulting any person, and … and 30 days loss of recreation privileges. We affirm. The facts elicited at the disciplinary hearing reveal that on … Abdur-Raheem sought to call for in-person questioning as fact 2 We omit Special Investigator Rodriguez's first name …
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njcourts.gov
… AT SENTENCING IN FAILING TO RAISE MITIGATING FACTORS. I. We discern the following facts from the record. On May 17, 2015, defendant was … N.J.S.A. 2C:44- 1(a)(3) (the risk that defendant will commit another crime); six, N.J.S.A. 2C:44- 1(a)(6) (the …
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njcourts.gov
… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … "show[s] that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … reasonable expectations." Ibid. (citing Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010)). "A genuine ambiguity …
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njcourts.gov
… ("PCR") without an evidentiary hearing. We affirm. The facts are largely undisputed. Defendant admitted at his plea … counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … five years on count four. The trial judge found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (the risk of …
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njcourts.gov
… and he read and understood it before he signed the completed form. On October 13, 2000, the 1 Neither party has … petition to be time-barred under Rule 3:22-12 because the fact that 5 A-2948-17T2 deportation policies changed after … relax the time limits." The judge found that the first two factors weighed heavily in favor of the State, finding that …
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njcourts.gov
… of the parties. R. 1:38-3(c)(12). 2 Josh filed a cross-complaint against Grace alleging harassment. He also … to the trial court's legal conclusions, but must uphold factual findings supported by substantial credible evidence. … 149 N.J. 108, 116-17 (1997). "Deference to a trial court's fact-findings is especially appropriate when the evidence is …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… replaced in 2014, and that the glass in Door 12 did not comply with applicable building codes or American National … of wire makes glass stronger, and that wired glass manufacturers were still permitted to market wired glass as … danger of the door based upon post-installation studies or [of] that door's glass breaking and causing injuries …
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njcourts.gov
… LIABLE FOR THE ELUDING UNDER THE STATE'S THEORY OF ACCOMPLICE LIABILITY, THAT CONVICTION MUST BE VACATED. … [BRADY]. POINT III AS THERE WERE GENUINE ISSUES OF MATERIAL FACTS IN DISPUTE, AN EVIDENTIARY HEARING WAS REQUIRED. 11 … REMAINS IMPOSSIBLE WITHOUT RESOLUTION OF DISPUTED MATERIAL FACTS[] IN ADDITION TO RULING ON [INEFFECTIVE ASSISTANCE OF …
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njcourts.gov
… Associates, LLC appeals a Law Division order dismissing its complaint as time-barred and denying its cross-motion for … Super. 385, 387 n.1 (App. Div. 2000) ("[W]here the relevant facts are not in dispute . . . a statute of limitations … motion under R. 4:6-2(e)."). 3 A-0053-18T4 I. The material facts are not in dispute and are set forth at length in the …
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njcourts.gov
… 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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njcourts.gov
… N.J.A.C. 17:1-1.3(d). We agree and affirm. I. The pertinent facts are not in dispute. Montero became employed by Bergen … She challenged the layoff in an appeal to the Civil Service Commission (Commission). While her appeal was pending, and … or submit a written statement . Based on those undisputed facts, we discern no basis to conclude the Board's decision …
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njcourts.gov
… 1961, the Borough of Englewood Cliffs' Planning and Zoning Commission (the Commission) granted a three-lot subdivision … unreasonably disregarded the testimony of its expert and fact witnesses. A municipal entity's "decision is 'invested … N.J. 263, 284 (2013). We "give deference to the actions and factual findings of local boards and may not disturb such …
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njcourts.gov
… (John E. Molinari, on the briefs). Law Offices of Viscomi & Lyons, attorneys for respondents (Patricia R. Lyons, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … was more than six months old, not neutered, and had no obedience training as of the date of the incident.2 Brandau …
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njcourts.gov
… charged in an indictment with: first-degree conspiracy to commit murder; first-degree murder; first-degree felony … the admissibility of the evidence. We summarize the facts developed in connection with the 404(b)1 hearing at … TO PROPERLY FIND AND WEIGH THE AGGRAVATING AND MITIGATING FACTORS WHEN SENTENCING MR. SCOTT. Our appellate review of …