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… DIVISION DOCKET NO. A-3907-23 PC CLARK PROPERTY LLC and COMPLETE CARE AT CLARK LLC, Plaintiffs-Appellants, v. … II. We apply a deferential standard in reviewing a judge's factual findings. Balducci v. Cige, 240 N.J. 574, 595 … 414, 428 (2015)). "[W]e will defer to the trial court's factual findings so long as they are 7 A-3907-23 supported …
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… pursuant to R. 4:6-2(e), seeking dismissal of the Complaint filed by plaintiffs Atlas Data Privacy Corporation … decision. For the reasons explained the motion is DENIED. FACTUAL BACKGROUND Atlas operates a digital platform through … rights to Atlas, empowering Atlas to pursue statutory remedies on their behalf. Id. il129, 56. 2 ESX-L-003299-25 …
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… contending the trial court erred in applying the sentencing factors. After carefully reviewing the record in light of … his consent to search the house. Defendant voluntarily accompanied the detectives to the Hasbrouck Heights Police … four months later, the court applied aggravating factors three ("risk that the defendant will commit another …
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… v. MARK ANTHONY CARPENTRY, LLC, STONE CRETE CONCRETE COMPANY, MICHAEL PALISCHAK CONSTRUCTION COMPANY, INC., … 46:3B-3. The Act also provides for an election of remedies for those homeowners whose warranty is administered … provision like that contained in N.J.S.A. 46:3B-9, and, in fact, is explicitly permitted to limit the available remedy …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS L’OREAL USA, INC, Plaintiff, v. … now in front of the Court. Plaintiff opposes this motion. FACTUAL BACKGROUND THIS MATTER arises out of allegations of … Tech provides formulation, development, testing, manufacturing, and packaging services exclusively to Wormser. In …
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… Plaintiff appeals the Law Division's order dismissing its complaint and entering judgment in favor of defendant. … dismissal is premised "on the ground that upon the facts and upon the law the plaintiff has shown no right to … § 1617), certif. denied, 165 N.J. 527 (2000). The decisive factor is the wrongfulness of the pressure exerted. …
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… when she failed to respond to plaintiff, U.S. Bank, N.A.'s, complaint. The court denied the motion because defendant did … of a meritorious defense. We affirm. We glean the following facts from the motion record. On August 6, 2004, defendant … because he relied upon defendant's failure to provide any factual support for her defenses. Defendant essentially …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS _______________________________ STEVEN … inspection, the matter must be dismissed. II. STATEMENT OF FACTS. The taxpayers, Steven Kugler and Michele Yenis, are … “has changed the locks so we do not have access.” The factual basis for the asserted lock change was not spelled …
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… defendant Rashad Exum guilty of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2a(1) and N.J.S.A. 2C:11-3a(1), … it is excessive because the court misapplied aggravating factor six, "extent of the defendant's prior criminal record … apprehension or prosecution. Ibid. 3 A-2241-19 aggravating factors. In addition, he contends he is entitled to four …
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… in the process of arbitrating claims when Lutz filed the complaint in this action. The judge granted Deutsch's motion to compel arbitration, and Lutz appeals, posing the question … to arbitration all their disputes without limitation. The fact that the agreement goes on to refer to a "following …
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… to -35. She also appeals from the dismissal of her cross-complaint seeking an FRO against plaintiff. The parties' … N.J. 108, 117 (1997)). Accordingly, we will not disturb the factual findings of the trial judge unless they are so … is a rational inference, that it permits the trier[] of fact to arrive at a conclusion grounded in a preponderance …
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… the Pretrial Intervention Program (PTI). Shortly before completing PTI, Holloway was cited for violations of the … there was no hearing conducted in 2015 that addressed the factors governing the termination of PTI, we reverse the … "misconceives the applicable law or misapplies it to the factual" situation, an abuse of discretion can be found. …
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… (count two). Under the terms of the agreement, the State recommended sentencing defendant as a second-degree offender … a memorandum urging the trial court to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of a prior … defendant's "character" warranted a finding of mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character …
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… arises from a dispute involving payment of a broker's commission stemming from the sale of a property. Plaintiff, … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… FRUMER, Plaintiffs-Respondents, v. NATIONAL HOME INSURANCE COMPANY1 and HOME BUYERS WARRANTY CORPORATION, … of remedy and shall bar the Homeowner from all other remedies. A-1379-10T4 4 Nothing herein shall be deemed to limit … law and the legal consequences that flow from established facts are not entitled to any special deference.'" Id. at …
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… Antony Carchia appeals from summary judgment dismissing his complaint alleging violations of the Conscientious Employee … have abandoned his job, prison officials received several complaints by him and about him. He complained about another … [t]he issue is what circumstantial evidence could a fact finder use to somehow connect without speculation these …
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… appellant had not met his burden of presenting sufficient competent and credible evidence to establish that his injury … in the record; and (3) whether in applying the law to the facts, the administrative "'agency clearly erred in reaching … "undesigned and unexpected" event. The Board accepted the factual findings made by the ALJ, who found that there was …
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… D.S., appeals from the July 16, 2021 final decision of the Commissioner of the Department of Children and Families, … We affirm for the reasons that follow. I. We glean the facts from the record established in the Office of … based on consideration of the aggravating and mitigating factors listed in N.J.A.C. 3A:10-7.5. Pursuant to N.J.A.C. …
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… and Paganelli. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2019-3637 and 2021-1809. Catherine … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … reconsideration nearly two-years after the deadline. On the facts presented here, Haidara's two-year delay in filing for …
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… ("the Prosecutor's Office"). We affirm. The following facts are derived from the motion record. On December 12, … second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, … Assessment of a defendant's suitability for PTI is based on factors set forth in N.J.S.A. 2C:43-12(e) and Rule …