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… his application. The ALJ determined the following facts pertinent to the summary decision motions were … it is not plainly unreasonable." Merin v. Maglaki, 126 N.J. 430, 436-37 (1992). "Absent arbitrary, unreasonable … such explicit text in the enabling statutes because it is common sense that disability retirees leave their jobs due …
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… A-2065-17T1 Part, Small Claims section, which dismissed his complaint for breach of contract requesting $3000 to repair … the property, with the exception of the common property, together with any building improvements, and common elements … We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench …
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… M. Fernandez (Geraldine1). We affirm. I. The following facts are derived from the record. In 1999, Fontanilla was a … thereafter until the debt was paid. On November 10, 2012, a community hearing was held in the Philippines to address … that provision, Vons Cos., Inc. v. Seabest Foods, Inc., 926 P.2d 1085, 1091 (Cal. 1996), and the controlling United …
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… TRIAL. POINT V ESPECIALLY IN LIGHT OF THE STRONG MITIGATING FACTORS, THE TRIAL COURT ERRED BY DENYING DEFENDANT'S MOTION … RANGE BASED ON AN ERRONEOUS FINDING OF AGGRAVATING FACTOR TWO. a. The Sentencing Court Erroneously Found … III. We do not reach defendant's other arguments as they become moot in light of our decision that the conviction …
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… N.J.S.A. 2C:14-2(b) (victim E.T.). The State agreed to recommend a maximum aggregate sentence of twenty-years … 3 A-1549-17T4 The sentencing judge found aggravating factors two (gravity of harm), three (risk of re-offense), … 5 A-1549-17T4 sentencing. Taking all this together, defendant argued he had shown a prima facie case of …
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… the patents to defendant "in partial payment and satisfaction of the indebtedness." In this appeal, we are asked … the patents to defendant in partial payment and satisfaction of the loan. Specifically, it stated: Interactive … the agreement, Interactive transferred and assigned "a complete and unconditional transfer" of the patents to …
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… observation of the witness, the judge made credibility and factual findings, which were mostly consistent with the … is unclear from the record whether Sloan was privy to that communication. However, Sloan testified that his "initial … that the suspect was under the influence." 7 A-4233-17T4 262 (2015). The legal conclusions of the trial court, …
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… in another state under the Interstate Corrections Compact.1 He is serving a term of life imprisonment for a … the Board Panel, its decision was based upon, among other factors, the seriousness of appellant's criminal offense; … capricious or unreasonable. Bowden v. Bayside State Prison, 268 N.J. Super. 301, 304 (App. Div. 1993). 8 A-5537-16T4 A …
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… Manual (the Manual) issued by the New Jersey Motor Vehicle Commission (MVC), which includes estimated stopping … the stopping distance, which depends on a variety of factors including speed, motorist reaction time, weather … the 10 A-4776-17T4 witness' testimony or in determining a fact in issue." N.J.R.E. 701. Lay opinion testimony is …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2014-4978. Francis W. … or certifications to oppose said motion on a legal or factual basis, or files medical reports if there is a … to one physician's report or another." Ibid. Unless the facts are uncontradicted or 8 A-4478-17T4 respondent waived …
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… Submitted January 24, 2019 – Decided April 26, 2019 Before Judges Alvarez and Mawla. On appeal from the … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2015-029305. The Chartwell … to a new location. AB is a chemical company that manufactures and sells raw natural flavor ingredients. According …
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… and he positively identified defendant as the man who committed the armed robbery. Defendant was subsequently … purpose and third-degree unlawful possession of a weapon, together with the dismissal of the remaining charges. The plea … of the second plea offer, but claimed counsel "knew" this fact because he rejected the initial plea offer. Defendant …
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… principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … ROW. Therefore, the judge found the Board made appropriate factual findings based on the evidence presented at the … (citing Kramer v. Bd. of Adjustment, Sea Girt, 45 N.J. 268, 285 (1965)). "Ordinarily, when a party challenges a . . …
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… Series 2006-1. Wells Fargo filed a foreclosure complaint against defendant in 2006, but it was dismissed in … was entered on August 1, 2017, for $455,489.52, of which $266,597.49 was principal and $5832 were late fees. Defendant … action was dismissed," and that was evidenced by the fact that "prior to the filing of [the 2014] complaint, …
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… However, in March 2016, after defendant demonstrated completion of other services, obtained employment and … Servs. v. R.G., 217 N.J. 527, 552 (2014). We defer to the factual findings of the trial judge, who had "the … N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261, 293 (2007)). We accord even greater deference to the …
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… district only upon a showing that such use . . . will comply with the conditions and standards for the location or … a municipality's conditional use ordinance requires satisfaction of the negative 6 A-5282-17T3 criteria,3 similar to … answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no …
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… appeal from the Department of Labor, Division of Workers' Compensation, Claim Petition No. 2001- 22510. Mario Apuzzo … Co., 182 N.J. 156, 164 (2004)). "A judge of compensation's factual findings are entitled to substantial deference." … Lindquist v. City of Jersey City Fire Dep't, 175 N.J. 244, 262 (2003) (quoting Close v. Kordulak Bros., 44 N.J. 589, …
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… defaulted on her mortgage. Sun National Bank filed a complaint to foreclose on the property in November 2013. A … Bank, 205 N.J. 150, 169 (2011). "[W]e do not disturb the factual findings and legal conclusions of the trial judge … of Am., 65 N.J. 474, 484 (1974)). The court's findings of fact are "binding on appeal when supported by adequate, …
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… a February 7, 2019 decision, which required it to turn over communications from a victim advocate, records and … to furnish defendant discovery on these items. We take the facts from the record. Defendant was indicted by a Union … ruling] of the prosecutor's decision de novo." Id. at 226. Likewise, we review any legal conclusions de novo. State …
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… change in circumstances. We affirm. We take the following facts from the record. The parties married in 1985 and … by that person." Alimony was based upon an imputed income to plaintiff of $20,000 and defendant's 2004 earnings … on R. 2:5-1(f)(1) (2019) (citing Sikes v. Twp. of Rockaway, 269 N.J. Super. 463, 465-66 (App. Div.), aff'd o.b., 138 …