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… any oral, written, personal, electronic, or other form of communication with plaintiff. The court scheduled the matter … decision on the record. The judge stated that the material facts were undisputed. The parties had a dating relationship … constituted harassment, there was no need to issue a FRO. Factual findings of the trial court will be upheld unless …
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… Bishop-Thompson. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … order and remand for further proceedings. We discern the facts from the record. Safet Saiti filed a petition with the … (2014)). Thus, we review the workers' compensation court's factual and credibility findings with "substantial …
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… Because the judge correctly applied the law and made factual findings that were supported by the record evidence, … October 9, 1997, in which he agreed to pay $4,000 to the Commissioner of the Department Banking and Insurance of the … recognize defendant's arguments, apply the law to the facts of the case, and consider controlling case law. II. We …
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… of defendant Germaine N. Johnson for his failure to comply with discovery obligations. Having reviewed the … After moving into the apartment, she made several complaints to defendants regarding the bathroom. Three … apply the "proper" principles of law, misrepresenting the facts regarding the scheduling of oral argument, failing to …
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… period to run concurrent with his life sentence. The facts underlying defendant's conviction are set forth in our … that the new evidence must have been discovered after completion of trial and must not have been discoverable …
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… personal and real property of a local exchange telephone company, defined as “a telecommunications carrier providing dial tone and access to 51% … delivery . . . .” Id. at 74. The Tax Court found the fact “[t]hat the business personal property being taxed is …
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… (App. Div. Jan. 5, 2023) (Otero I).1 We incorporate the facts 1 Although defendant holds a deed to and resides at … 2022 orders. See R. 2:5-4(a) (limiting appellate review to competent evidentiary materials presented to the motion … 320 (2013); see also Crowe, 90 N.J. at 132-34. "[T]hese factors must be 'clearly and convincingly' demonstrated." …
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… with two parties: Likissa Properties, LLC, to purchase commercial real estate in Gloucester City (the property); … costs against the LLCs. The judge's ruling turned on two factors. First, he found there was no closing because "there … The [c]ourt evaluates the testimony according to the factors set forth in the model civil jury charge. The …
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… of Administrative Law (OAL) for a hearing. We derive our facts from the OAL testimony. Petitioner had been employed … "freaking out" during the ride to the hospital but that was common behavior. 3 A-3333-21 Upon arrival at the hospital, … Arenas, 385 N.J. Super. 440, 443-44 (App. Div. 2006). The factual "findings of an ALJ 'are considered binding on …
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… DAVID GOYCO, Plaintiff-Appellant, v. PROGRESSIVE INSURANCE COMPANY, Defendant-Respondent. ____________________________ … (PIP) benefits by defendant, Progressive Insurance Company. We affirm, substantially for the reasons set forth … fails to even reference "bicycles." These uncontroverted facts clearly exclude Plaintiff from the definition of a …
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… DIVISION DOCKET NO. A-2154-21 IN THE MATTER OF THE CIVIL COMMITMENT OF J.W., SVP-420-05. ____________________________ … on the brief). PER CURIAM Since 2006, J.W. has been civilly committed under the Sexually Violent Predator's Act (the … that 'the courts make certain that professional judgment in fact was exercised.'" (quoting Youngberg v. Romeo, 457 U.S. …
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… (PCR) without an evidentiary hearing. Having reviewed the facts in light of applicable law, we affirm. On August 23, … K.D.1 sitting on her mother's front porch in the apartment complex where defendant's girlfriend also lived. Defendant … has been held, we "may exercise de novo review over the factual inferences drawn from the documentary record by the …
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… son, Jayson Sugden, appeal from an order dismissing their complaint against defendant State of New Jersey, Department … specializing in galactosemia, plaintiffs allege in their complaint that the Department was negligent in failing to … confusingly submitted a Rule 4:46-2 statement of material facts in support of the motion and referred to the motion in …
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… we "should not undertake to alter concurrent findings of fact and credibility determinations made by two lower courts … effective on June 30, 2021, authorizing the Motor Vehicle Commission to share voter and motor vehicle information with … a person to watch a video created by the Motor Vehicle Commission explaining the rights and responsibilities of a …
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… death of a victim. On July 15, 2018, defendant and two accomplices approached a man sitting in his car. One … court's entire analysis of the aggravating and mitigating factors established in N.J.S.A. 2C:44-1(a) and (b) was as follows: I find the following aggravating factors: number three, the risk that the defendant will …
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… the right to purchase and develop certain property to a competitor. In response to a request for proposals issued by … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors. [Mazza v. Bd. of Trs., 143 N.J. 22, 25 (1995) …
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… dismissed. As part of the agreement, the State agreed to recommend a sentence of a flat three years, subject to various … of his conviction. He also placed on the record a factual basis to the endangering charge. 3 A-3981-21 The … He further alleges his guilty plea lacked a proper factual basis, and that counsel should have moved to …
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… for trial because he refused to wear a mask. The court accommodated his refusal to wear a mask by permitting him to … public court entry"; (2) plaintiff misrepresented material facts; (3) the court lacked subject matter jurisdiction; and … Chems., Inc., 160 N.J. 352, 372 (1999) (trial court's factual findings following a non-jury trial); US Bank Nat'l …
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… 2020) (quoting Manning Eng'g, Inc. v. Hudson Cnty. Park Comm'n, 74 N.J. 113, 120 (1977)). We affirm substantially … December 2, 2022 written opinion. We add the following comments. Appellant's argument that Legacy violated Rule … to hear oral argument does not require remand under the facts of this case. Although a request for oral argument …
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… 2, 2022 Law Division order dismissing his prerogative writs complaint against defendants Township of Sparta Zoning Board … on December 2, 2022. We incorporate by reference the factual findings and legal conclusions contained in Judge … matter then pending before the Planning Board. It found the facts in DePetro were distinguishable from the present …