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… Law Division's November 8, 2013 order granting a motion to compel arbitration filed by defendants, Knight Capital … legal principles. We reverse. A-1953-13T2 4 The salient facts are derived from the motion record. Plaintiff's … clause was "silent in respect of plaintiff's statutory remedies." Id. at 135. Similarly, in Waskevich, supra, 431 N.J. …
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… by the project engineer and ratified by appointed boundary commissioners, subject to municipal approval for subdividing … Hence, we remand this matter to explore alternative remedies, including but not limited to relief under the … of our A-2119-14T1 12 prior remand decision, and also the fact that the only two parties who would be eligible to bid …
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… Plaintiffs-Respondents, v. BEAVER CONCRETE CONSTRUCTION COMPANY, INC., TNT EQUIPMENT SALES & RENTALS, INC., ACE FIRE … determine whether there are any genuine issues of material fact when the evidence is viewed in the light most favorable … to its plain and ordinary meaning.'" Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010) (quoting Voorhees v. …
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… of New Jersey, Camden Coalition of Healthcare Providers, Community Health Law Project, Elizabeth Coalition to House … for fourteen days. As is readily apparent from those facts, this judgment, to the extent one was ever entered, … the court did not require Honer to attest to all the facts required by Rule 6:6-3(b) during the hearing, …
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… well- reasoned written opinion. We discern the following facts from the record. The parties were married on September … considering their then respective assets, liabilities, income and expenses. Neither Party will be compelled to … at 484). In addition, we review the denial of equitable remedies for abuse of discretion. Sears Mortg. Corp. v. Rose, …
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… by plaintiff, we affirm. I. We glean the following facts from the trial record. The parties were married in … On August 7, 2018, defendant filed a domestic-violence complaint against plaintiff. On November 7, 2018, the court … exercised both swiftly and summarily in order to ensure obedience to court orders and respect for court procedures." …
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… was on a second-grade level, and he was able to "answer[] comprehension questions with assistance on a first[-]grade … B.H. to sexual activity" was an absolute substantiating factor present in the case. She described the sexual 9 … On appeal, K.T. contends the DCF's final decision is not factually supported, rendering it arbitrary and capricious. …
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… 180-day period pursuant to the relevant IAD provision in compliance with applicable Supreme Court omnibus orders, and … dismiss the indictment. We affirm. Because we recounted the facts of this matter in our interim opinion,1 we do not … jail credit. 5 A-2618-21 We remanded the matter for further factual development as to events occurring after June 15, …
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… that, as soon as he had spoken, defendant immediately complained of chest pain and said “she only had two shots … bed area at the time Espaillat introduced himself. That fact alone may establish custody, but it does not establish … September 26, 2023 Decided November 20, 2023 Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for …
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… (the Township) and granted the Township a final judgment of compliance and repose. The decision to grant that relief was … to [achieve] constitutional compliance." Applying the five-factor fairness analysis of East/West Venture, 286 N.J. … the agreement which contribute to the municipality's satisfaction of its constitutional obligation, and any other …
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… second line - “taxpayer’s and the taxing district’s complaints” added; Page 14, first paragraph, line 4 changed … the county board of taxation’s value determination, embodied in its final judgment,”. NOT FOR PUBLICATION WITHOUT … accordingly denies plaintiff’s Freeze Act application. FACTS AND PROCEDURAL HISTORY For tax year 2023, defendant, …
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… Hospital since 2005, when, on November 21, 2014, a combative patient she and others were attempting to restrain … that if the Board "determine[d] . . . [Mitchell was] in fact disabled," she had failed to prove "her alleged … Mitchell's version of the November 2014 incident as fact. She also found credible Mitchell's testimony that she …
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… 2 "An 'open plea' to an indictment neither 'include[s] a recommendation from the State, nor a prior indication from the … it in a pillowcase." Counsel elaborated: So based upon the facts presented I am going to submit to you that there is no … takes issue with the comment that immediately followed: "In fact, I submit to you, you couldn't find one guilty of …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Petitioner-Respondent, v. … the Final Decision based on our review of the uncontested facts, statutes and case law and determine that the … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a …
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… PARK BOARD OF EDUCATION, Appellant, v. DAVID C. HESPE, COMMISSIONER OF EDUCATION OF THE STATE OF NEW JERSEY, NEW … affirm. 3 A-3890-14T1 I. We briefly summarize the pertinent facts. In March 2009, Hatikvah applied to the New Jersey … school superintendents, and mayors and governing bodies of all legislative districts, school districts, or …
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… I . . . sit right now, sir, you're represented by . . . competent counsel. And that's how this trial will continue. … the State's motion. The court then found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk of re- … juvenile adjudications. The court also found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter …
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… told numerous people about her allegations. 2 Because the factual circumstances of this matter pertain predominantly … testified that on June 9, 2014, at her request, defendant accompanied her to check a leak in her basement office. … to demonstrate a witness's ability to perceive the facts was compromised at the time the events at issue …
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… and PASSAIC VALLEY TITLE SERVICE, TICOR TITLE INSURANCE COMPANY, CHICAGO TITLE INSURANCE COMPANY, ROBERT J. MUELLER, … subdivision approval. We affirm. We derive the following facts from the record. Plaintiff owns property on Elkwood … satisfy the "positive criteria" and "negative criteria" embodied in N.J.S.A. 40:55D-70c(1). Cell S. of N.J. v. Zoning …
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… this slip and fall lawsuit, the trial court dismissed the complaint on summary judgment. Plaintiffs appeal. We affirm. … Dexter Apache Holdings, Inc. (collectively Leer), which manufactured the ice machine.2 Plaintiff claims the ice machine … summary judgment to Anthony International, which manufactured the ice machine doors. Plaintiff did not appeal …
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… defendants' motion for summary judgment dismissing her complaint alleging statutory and common law causes of action. We affirm. I. The pertinent facts are not in dispute. Plaintiff was employed by Fair … remaining claims. The court determined that the undisputed facts showed plaintiff was an at-will employee and did not …