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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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… 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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… 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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… 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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… an order entered by the Law Division on August 19, 2019 compelling it to participate in binding arbitration. We affirm the order insofar as it compels binding arbitration, however, we reverse in part and … that the contract is written, the [c]ourt [must] favor the fact that the . . . binding arbitration is really what has …
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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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… (DOC) final agency decision affirming a guilty finding for committing prohibited act *.202, "possession or introduction … erred" in "applying the legislative policies to the facts." In re Carter, 191 N.J. 474, 482-83 (2007) (quoting … We discern no basis to reject the hearing officer's factual findings regarding the weapon found in Villanueva's …
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… CARE, H.W./WEIDCO/REN, LLC, BRIDGETON H&V REALTY LLC, COMPREHENSIVE HEALTHCARE MANAGEMENT, BROADWAY HEALTHCARE, … to the emergency department at Inspira" and, without factual citation, further claims "[n]one of [the] medical … at that time—that is, common liability as a matter of fact even although, necessarily, then …
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… OF LABOR AND WORKFORCE DEVELOPMENT, and QUALITY MANAGEMENT COMPANY, Respondents. __________________________________ … General, on the brief). Respondent Quality Management Company has not filed a brief. The opinion of the court was … that fears about the employee's job security will in fact materialize, that serious impending threats to his [or …
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… On November 21, 2016, Christiana Trust filed the present complaint to foreclose the tax sale certificate. Christiana … any of the [Crowe v. DeGioia, 90 N.J. 126 (1982)] factors. Defendant raises no valid legal argument or defense … before us, defendant raises an issue springing from the fact that the court not only denied oral argument, but it …
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… finding of guilt and imposition of sanctions for Saleh's commission of prohibited act *.009, "misuse, possession, … sale, or intent to distribute or sell, an electronic communication device, equipment, or peripheral that is … his adjudication on that charge. We affirm. We glean these facts from the record. An ongoing investigation conducted by …
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… an imputation to him of annual earnings of $109,240 as a computer software developer, a figure derived from the … appellate courts must accord particular deference to fact-finding in family cases, and to the conclusions that … unemployed. Ibid. To do so, the court must consider four factors: "(1) what the employment status and earning …
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… of Review (Board) finding him ineligible for unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(a). We affirm. I. We ascertain the following facts from the record. Claimant, Michael Mahoney, Jr., … 192 N.J. Super. 284, 287 (App. Div. 1983). "Mere dissatisfaction with working conditions, which are not known to be …
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… they defaulted on the loan in November 2010. Plaintiff commenced its foreclosure action against defendants in July … set aside only in rare instances where it is necessary for compelling reasons to remedy a plain injustice. E. Jersey … In sum, defendants' arguments fall short in light of the facts. They withdrew their contesting answer more than five …
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… chondromalacia of the right knee from [a] workers' compensation injury [in] 2010 with arthroscopic surgery [in] … in the record; and (3) whether in applying the law to the facts, the administrative "'agency clearly erred in … accidental disability retirement benefits must prove five factors: 1. that he [or she] is permanently and totally …
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… cabinetry imported from China. According to plaintiffs' complaint, Nature USA was incorporated on May 28, 2014, when … Ms. Warnock with papers. There is nothing to evidence the fact that defendant Wang ever retained other counsel, and … instant motion. Further[,] it's clear that the standard or factual basis which is argued by movant has been addressed, …
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… and Smith. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-3228. The Anthony Pope Law Firm, … credibility determinations and found the following salient facts: 1. Hunt admitted to numerous improper calls and texts … of "undue familiarity." The ALJ balanced the mitigating factors Hunt offered at the hearing, including: her lack of …
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… discuss the discovery with him. We affirm. We derive the facts from our prior decision in the direct appeal affirming … percent term of parole ineligibility and ordered him to comply with parole supervision for life and the requirements … testimony of Z.P. The PCR court denied the petition in a comprehensive, well-reasoned written decision and order. …
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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 …