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njcourts.gov
… of an earlier order that denied his motion to amend his complaint. For the reasons that follow, we affirm. On … 19, 2016, Clifton moved for summary judgment, invoking the common law doctrine of snow removal immunity accorded to … here. Plaintiff has failed to present any new facts that were not available at the time the motion to …
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njcourts.gov
… more than eight stories and up to 130 feet in height. Other commercial property in the Journal Square core, designated … law and the legal consequences that flow from established facts are not entitled to any special deference."). We have … 562, 570 (2003). The LRHL grant of authority to municipal bodies to "exercise all those public and essential …
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njcourts.gov
… (App. Div. June 30, 2011) (slip op. at 5).1 We detailed the facts underlying defendant's convictions in that opinion, … Id. at 5. The trial judge expressed dismay with the comment, asserting that it was improper for an opening … of the use of an imitation gun as an aggravating factor at sentencing. A defendant's constitutional right to …
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njcourts.gov
… ROBERT J. TRIFFIN, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS HERNANDO COUNTY, Defendant-Respondent, and … Cliff, 419 N.J. Super. 1, 8 (App. Div. 2011). The court's factual findings, however, will not be disturbed if … credible evidence." Ibid. "[W]e do not disturb the factual findings and legal conclusions of the trial judge …
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njcourts.gov
… before Judge Bernard DeLury, Jr. The State agreed to recommend a ten year term of imprisonment, 1 Miranda v. … defendant's argument that he lacked an interpreter during communications with counsel, noting defendant acknowledged … 140, 139 L. Ed. 2d 88 (1997). The judge "should view the facts in the light most favorable to the defendant." State …
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njcourts.gov
… argues that, under the circumstances of this case, the fact that he was out of the country on a voluntary vacation … was approved and he began receiving $636 per week. He also commenced a nationwide search for a comparable position, … examiner did not agree. First, she made the following factual finding: [T]he claimant was on a prearranged …
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njcourts.gov
… DOCKET NO. A-0995-15T2 A-0996-15T2 IN THE MATTER OF THE COMMITMENT OF W.K. _____________________________ IN THE … is 'so clear, direct and weighty and convincing' that the factfinder can 'come to a clear conviction' of the truth … N.N., supra, 146 N.J. at 130. There must be, in fact, a "substantial risk of dangerous conduct within the …
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njcourts.gov
… on May 29, 2015, the court entered an order dismissing the complaint without prejudice. Two months later, the July 27, … and to extend discovery, and the second dismissed the complaint with prejudice pursuant to Rule 4:23-5(a)(2). By … in the judge's refusal to extend discovery. Although that fact may ultimately prove fatal to some or all of …
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njcourts.gov
… for an administrative hearing. We glean the following facts and procedural history from the scant record on … not reasonably have been made on a showing of the relevant factors." In re Proposed Quest Acad. Charter Sch. of … of entitlement.'" Nicoletta v. N. Jersey Dist. Water Supply Comm'n, 77 N.J. 145, 154-55 (1978) (quoting Bd. of Regents …
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njcourts.gov
… Interstate Restoration, LLC, and denying its motion to compel arbitration. We conclude that the motion record raised material factual disputes concerning service of process, and also … 3 A-2187-16T3 that led to the litigation. He detailed the factual basis for defendant's contention that it duly …
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njcourts.gov
… a tenant on the leased property, we affirm. The Powells own commercial property located in Phillipsburg, New Jersey. … premises located in Phillipsburg to SMP Inc., a trucking company engaged in the transportation of freight by truck, … is proper where there is no genuine issue of material fact when the evidence is viewed in the light most favorable …
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njcourts.gov
… DIVISION DOCKET NO. A-3616-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF D.B., SVP-725-15. … found no clear mistake or error in either the trial court's factual determinations or its legal conclusions. To the … evidence on the record. We therefore affirm. These are the facts. On different dates between August 1988 and May 1989, …
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njcourts.gov
… judgment to the remaining defendants dismissing plaintiff's complaint, and denied plaintiff's cross-motion to file a second amended complaint to include a claim to an equitable interest in … of the successful motion. Brill, 142 N.J. at 540. The facts as viewed in the light most favorable to plaintiff …
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njcourts.gov
… his conviction. On this appeal, we defer to the PCR judge's factual findings and credibility determinations, issued … At the trial, the State's case against defendant was uncomplicated. Defendant was arrested after a police officer … cross-examining two prosecution witnesses. Focusing on the fact that the police did not find the baggie of suspected …
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njcourts.gov
… the instructions given by the judge as to the law. To accomplish that purpose, the court conducts a voir dire of the … by a jury drawn from a representative cross section of the community." It found that the New Jersey Constitution … the court's instructions as to the law to be applied to the facts as found by the 1 My Personal Experience as a Juror On …
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njcourts.gov
… writs and dismissing five of the six counts in his complaint alleging due process violations.1 We affirm. … also challenged the investigation by an independent committee, the 1 Plaintiff stipulated to dismissal of the … due process rights and dismissed plaintiff's complaint. The facts giving rise to plaintiff's claims are straightforward. …
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njcourts.gov
… with a Notice of Intent to Foreclose, plaintiff filed a complaint in August 2015. Fenner filed an answer, raising … defenses. After discovery concluded, both parties filed competing motions for summary judgment; plaintiff's motion … foreclose and that there were no genuine issues of material fact in dispute concerning such right. Because the matter …
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njcourts.gov
… Plaintiffs-Respondents/ Cross-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Third-Party Defendant- Respondent, and AMERICA … Ins. Co., 210 N.J. 512, 525 (2012) (citing Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010)). Here, the wording of the …
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njcourts.gov
… On July 11, 2011, after a 1 Because defendants share a common surname, we use first names in order to avoid … husband. 2 Having failed to file a response to plaintiff's complaint, default judgment was entered against Tork and … Initially, the motion judge found the NOI "was in fact served . . . [and plaintiff] did not proceed to final …
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njcourts.gov
… was false. . . . [M]y chief had told Mr. Brito . . . come to [the judge's courtroom] as the subpoena directs, and … attempting to establish an alibi[,] . . . the overwhelming facts of the case . . . flew in . . . the face of that." See … of review is necessarily deferential to a PCR court's factual findings . . . [and] we will uphold the PCR court's …