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… in denying plaintiff Darrin Yohe's motion to amend his complaint, after the running of the statute of limitations, … which rear-ended plaintiff, identified as Jane Doe in his complaint, under Rule 4:26-4, the fictitious party rule. … of action on summary judgment. Accordingly, we reverse. The facts are straightforward and easily summarized. Plaintiff …
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… offered or how their testimony could have affected the outcome of the case. The court stated that defendant's … allegations were "bald assertions," unsupported by any facts. The PCR court also reviewed the allegations of … interviewed and called to testify at trial. Without any factual underpinning, defendant's allegations are nothing …
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… September 24, 2019 order granting defendants' motion to compel arbitration and dismissing plaintiffs' complaint with prejudice. Plaintiffs also challenge the … of arbitrability to the arbitrator, we affirm. The material facts of this matter are well known to the parties and can …
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… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-677. Stephen B. Hunter argued … argued the cause for respondent New Jersey Civil Service Commission (Gurbir S. Grewal, Attorney General, attorney; … as well as his driving record. The Panel noted: Despite the fact that he was injured just prior to his use of profanity, …
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… of Appeals (the Board) summary judgment and dismissing the complaint; and 3) granting summary judgment to defendant … at 622 Green Avenue in Brielle, and, according to its complaint, Larry Grafas is a member of plaintiff. In October … stating: "On or about June 3, 2019, I became aware of the fact that an Order to Pay penalty and Abate Violations was …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2018-24810. Amy L. … for compensation. We affirm. We discern the following facts from the record. Respondent sells and installs … the order denying her claim for benefits because the Lozano factors weigh in favor of compensability. Our scope of …
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… under Indictment 19-05-1321 for third-degree conspiracy to commit the crime of receiving stolen property, N.J.S.A. … decision to plead guilty and set forth an adequate factual basis for his pleas. In February 2020, defendant's … In her written decision, the judge considered the four-factor balancing test set forth in State v. Slater, 198 N.J. …
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… the mortgage by recoupment because the original mortgage company failed to accurately disclose certain charges and he … § 1635. Thus, he found Swaggerty was "not applicable to the facts in this case." The judge also addressed defendant's … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. The facts are undisputed. While driving his car on February 4, … 39:3-40 of the motor vehicle code. Although the case commenced in the municipal court for the City of Clifton, … of ordinary intelligence" is unable to discern what the law commands or prohibits. State v. Cameron, 100 N.J. 586, 591 …
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… and convincing evidence sustaining all violations and recommended revocation of PSL and MS and the imposition of a … numerous infractions, including use of alcohol which "was a factor in both [of Wood's] prior supervision violations" and … well supported, especially considering that alcohol was a factor in Wood's commission of the aggravated sexual …
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… v. CONRAIL DEVELOPERS LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, … well-established scope of review: "we do not disturb the factual findings and legal conclusions of the trial judge … 8 A-0171-18T2 In her oral opinion, the judge found as a fact that the parties entered into two valid contracts and …
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… He appeals from a DOC final agency decision finding he committed prohibited act .254, refusing to work or accept a … 180-days administrative segregation; 180-days loss of commutation time; and 15-days loss of reaction privileges. … erred" in applying the "legislative policies to the facts." In re Carter, 191 N.J. 474, 482-83 (2007) (quoting …
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… Whipple and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 60-3/17. Marc Howard … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … discrimination is not a prerequisite for state remedies for racial imbalance." Id. at 472. In relying on …
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… of appellant's retirement benefit. We affirm. The pertinent facts of this case are undisputed. Appellant became a … job was terminated, effective May 9, 2013, for conduct unbecoming a public employee, in light of his attempt to misuse … of a public employee's pension is governed by the following factors enumerated by our Supreme Court in Uricoli v. Police …
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… legal principles, we affirm. I. We discern the following facts from the record. On March 1, 2006, defendant executed … on February 24, 2011. On April 8, 2011, plaintiff filed a complaint in foreclosure against defendant and Yun, and … that Spisak willfully provided false information to manufacture standing. See R. 4:64-2(d); R. 1:4-8. Equally …
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… a June 15, 2019 order, the motion judge denied a motion to compel arbitration filed by defendant Sky Zone Lakewood.1 We … reverse and remand for the trial court to enter an order compelling arbitration and staying the matter pending the … the matter for the judge to advance his findings of fact and conclusions of law. On March 29, 2019, the judge …
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… finding of guilt and the sanctions imposed against him for committing prohibited act *.002, assaulting any person, … DISCIPLINARY HEARING OFFICER FAILED TO CONSIDER MITIGATING FACTORS THAT SUPPORTED APPELLANT'S SELF- DEFENSE CLAIM AND … based on substantial evidence without misinterpreting any facts and there were no extenuating circumstances …
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… We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge Ernest M. Caposela. … Bd. of Adjustment: In the final analysis . . . public bodies, because of their peculiar knowledge of local … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the …
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… we overturn an agency decision merely because we would have come to a 3 A-5313-17T3 different conclusion. In re … of a public employee's pension is governed by the factors enumerated by our Supreme Court in Uricoli v. Police … relevance here, the Board may attribute more weight to factors (7), (8), and (9), when applicable. See Corvelli, …
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… on the record. Subsequently, plaintiff filed a Verified Complaint and Order to Show Cause in the Law Division, … The record makes clear the arbitrator considered many factors when fixing an award for pain and suffering, even if … substantially similar to New Jersey's Arbitration Act. In fact, our appellate courts have stated that "[i]n adopting …