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… in his thorough written opinion. We discern the following facts from the record. In February 2005, defendant, the … 2C:5-1 and N.J.S.A. 2C:12- 1(b)(1); and conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. … there is a reasonable probability that if the defendant's factual assertions were found to be true enforcement of the …
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… for summary judgment and dismissal of EDI's malpractice complaint. We reverse and remand for further proceedings. … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … Winslow, 183 N.J. 593, 599 (2005) (requiring, among other factors, that the issue in the prior litigation be …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-5113-18T3 CHARLES L. DIETZEK, D.O., FACOS, PC d/b/a VEIN AND VASCULAR INSTITUTE, … Mark Paul Asselta, on the briefs). PER CURIAM In this commercial landlord-tenant case, the landlord (defendant) … and the award of fees primarily because of unresolved factual disputes.1 After the parties waived their rights to …
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… from an October 17, 2019 order denying its motion to compel arbitration and dismissing plaintiff's complaint without prejudice.1 The trial court held that the … and the action be stayed pending arbitration. I. The facts relevant to the arbitration provisions are not in …
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… (defendant) motion to dismiss plaintiff's Law Division complaint under Rule 4:6-2(e). We affirm. I. This case … a pleading: whether a cause of action is 'suggested' by the facts." Printing Mart-Morristown v. Sharp Elecs. Corp., 116 … 310, 318 (App. Div. 2002) (citation omitted). All of these factors are met. Plaintiff's case was dismissed with …
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… with L.O., L.O. apparently concluded that defendant and his companions did not intend to buy the marijuana and he began … , "there 6 A-0039-19T1 are 'material issues of disputed fact that cannot be resolved by reference to the existing … of defendant's age. The court then found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and …
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… to request a jury charge on the defense of necessity. In a comprehensive written opinion issued on May 30, 2019, Judge … he would have testified had he known of sanitization, is factually unsupported and legally unavailing. The record … remember I didn’t know what I was saying because of the fact I didn't take my mental medications and that you don't …
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… 444 N.J. Super. 285, 294 (App. Div. 2016), and viewing "the facts in the light most favorable to defendant," Preciose, … credits," and that issue was muddled by defense counsel's comments that defendant was "looking [at] over 600 days" of … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. … STATE OF NEW JERSEY VS. …
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… security threat group "means a group of inmates possessing common characteristics, interests and goals which serve to … where the adjudication contains a "concise summary of the facts on which the [d]isciplinary [h]earing [o]fficer . . . … or . . . reliable;" and the informant's statement "is factual rather than a conclusion, and based on the …
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… charges arose out of an inmate grievance. We take the facts from the written record, noting that no witnesses … had previously reported a safety concern based on "racist[] comments" made by the two officers. In total, the May 14 … I reported my safety issue in Unit 3DD including racist[] comments by [two] officers []. Today the problems have …
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… denies their motion to dismiss plaintiff Hiccson Gomez's complaint for his failure to file the notice of claim … in the action. We reverse. We derive the following facts from the certifications submitted by the parties in … The date of accrual is a critical and often dispositive factor in this analysis because: [A] judge is powerless …
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… As part of the plea agreement, the State agreed to recommend that he be sentenced to two years of probation and … hearing, we "conduct a de novo review of both the factual findings and legal conclusions of the PCR court." … . there is a reasonable probability that if the defendant's factual assertions were found to be true enforcement of the …
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… claims to the property of defendants Robert Bifani, and his company, Robert Bifani, LLC (collectively, defendants). We … Nonetheless, here, we affirm. We discern the following facts and procedural history from the record. Plaintiff … an agreement. However, on April 14, 2016, plaintiff filed a complaint against Bifani and his company in the Law …
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… Plaintiff-Appellant, v. KCG, INC., and CITIZENS INSURANCE COMPANY OF AMERICA, Third-Party Defendants- … attorneys for respondent/cross-appellant Citizens Insurance Company of America (David Morgan Blackwell, of counsel and … will allow"). And when the complaint "does not state facts with sufficient definiteness to clearly bring the …
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… lung. Defendant and K.D. were charged with conspiracy to commit aggravated assault, aggravated assaults, and weapons … POINT III – THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEFENDANT'S CLAIM THAT … . there is a reasonable probability that if the defendant's factual assertions were found to be true enforcement of the …
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… was never received by the DAR. We affirm. The following factual and procedural history is relevant to our … until December 13, 2017, after she contacted the Office of Community Choice Options. The DAR contended that the appeal … Ibid. (citing In re Herrmann, 192 N.J. 19, 28 (2007)). In fact, "[w]here [an] action of an administrative agency is …
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… N.J.S.A. 2C:18-2 (count one); second-degree conspiracy to commit burglary (armed), N.J.S.A. 2C:5-2 and N.J.S.A. … it for purposes of discharging the ir functions as fact finders." Hampton, 61 N.J. at 272. Here, defendant did … has not been given, its absence must be viewed within the factual context of the case and the charge as a whole to …
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… because plaintiff F.C. fraudulently misrepresented his income at the 2018 hearing. We reject defendant's arguments … 484 (1974)). As such, we will defer to the Family Part's factual findings and legal conclusions unless convinced they … defendant's Rule 4:50-1(f) theory, he fails to show any facts which support a finding that he filed his motion to …
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… for armed robberies, attempted robberies, conspiracies to commit robbery, aggravated assaults, and weapons offenses … facie case in support of PCR, material issues of disputed fact cannot be resolved by reference to the existing record, … with the advice he received. After providing 9 A-1879-20 a factual basis for his pleas, defendant pled guilty, and the …
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… of insurance stating that Wausau Underwriters Insurance Company provided South Jersey Paving with commercial general liability insurance coverage during the … it [was] far from certain that the defendant [would] in fact receive notice of the action." Because an insurer, when …