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… of defendant Toys "R" Us- Delaware, Inc. and dismissing her complaint with prejudice. We affirm. On April 20, 2012, … notice element. The court was not persuaded that a rational factfinder could infer from Simmons report alone that … the mode of operation rule, there was a genuine issue of fact as to the defendant's actual/constructive knowledge of …
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… The court then went on to find that defendant had committed three predicate acts of assault, criminal … parties; (4) the trial court failed to clearly state its factual findings and correlate those findings with legal … cases. Id. at 413. Consequently, we will not disturb the "factual findings and legal conclusions of the trial judge …
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… of Union County (the County) since 1986, filed a verified complaint in lieu of prerogative writ against the County and … We affirm. I. Plaintiff, a Democrat, described two factions in the Union County Democratic party. One was led … he described as "intolerable" and "constantly filled with diesel fumes." Prior to this reassignment, plaintiff …
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… defendants have not paid the judgment, plaintiffs sought to compel Filipe Pedroso, as principal of Pedroso Law Firm, … 21, September 10, October 9, and October 23, 2015 orders compelling Pedroso to do so. We affirm in part and remand in … must be determined on a case-by-case basis based on the facts presented. Ullman, supra, 87 N.J. Super. at 414. Here, …
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… and Whipple. On appeal from New Jersey Civil Service Commission, Docket No. 2015-1813. Fusco & Macaluso Partners, … (3) "whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion … not reasonably have been made on a showing of the relevant factors." Ibid. (quoting Carter, supra, 191 N.J. at 482- …
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… resident whose driver's license was issued by the Commonwealth of Pennsylvania. On June 5, 2014, defendant was … merely recited the offense alleged in count two. The factual basis for count two was provided by the following … (1997). "As long as an indictment alleges all the essential facts of the crime, the charge is deemed sufficiently …
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… in the State with the lowest median annual household income according to the most recent census data, shall be … documented charity care. 3 A-1666-15T2 charity care subsidies accorded to the ten municipalities in New Jersey with … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …
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… reverse and vacate defendant's conviction. I. We glean the facts and procedural history pertinent to this appeal from the record. Following the completion of a sentence served at the Adult Diagnostic and … By Failing to Object To [] Defendant's Inadequate Factual Basis. (Not Raised Below) D. Trial and Appellate …
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… defendants deny receiving. Plaintiff filed a foreclosure complaint on March 8, 2013. Defendants were served with the summons and complaint on March 16, 2013. Defendants did not file a … not provide defendants with a basis for relief under the facts presented. As noted, subsection (f) permits a judge to …
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… DURING DELIBERATION, ALLEGEDLY ABOUT "CONSPIRACY," IN FACT INDICATED A POTENTIAL MISUNDERSTANDING OF BOTH CONSPIRACY AND ACCOMPLICE LIABILITY – PARTICULARLY THE NOTION OF "MERE … the trial court should have considered, as mitigating factors, that his "conduct neither caused nor threatened …
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… by the motion judge. We summarize and consider the factual record in a light most favorable to plaintiff. R. … The downspouts channel rain water and snowmelt into the common alleyway between defendants' two buildings, and also … a hazardous and dangerous sidewalk and was a substantial factor in the occurrence of [plaintiff's] accident." The …
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… 2014. Within weeks of Julie's birth, Pam was involuntarily committed to a psychiatric hospital; she was also found to … defendants' parental rights. The trial judge described his factual findings and legal analysis in a comprehensive … both defendants. We incorporate by reference the detailed factual findings made by the trial judge as reflected in his …
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… award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … In determining the fee award, the judge must address the factors set forth in Rule 5:3-5(c): (1) the financial … existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. As noted by our …
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… received a call from a patrolman who stated a woman had come into the police station and reported that a neighbor, … [because] they are the ones [who] will be the trier of fact in a jury trial. By defendant's own admission, he put … N.J. at 13. "Credibility determinations and resolution of factual disputes" are not appropriately before a grand jury, …
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… GATELY, Plaintiffs-Respondents, v. STATE FARM INDEMNITY COMPANY, Defendant-Appellant. Argued November 28, 2017 – … the molded judgment serves to trigger the sanctions and remedies of Rule 4:58-2. The Court concluded: the molding of a … take judgment against his insurance carrier, New Jersey Manufacturers Insurance Company (NJM), in the amount of $95,000. …
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… and Manahan. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2016-4183 and 2016- 4255. Michael J. … occupants, a man and two women, all expressed their dissatisfaction about the length of time it took for the officers to … describing what occurred on September 22, 2014, as "not factual. Specifically that C.G. was . . . asked several …
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… principles of law, we affirm. Plaintiff, a grape farming company based in Napa, California, owns property in the … ROW. Therefore, the judge found the Board made appropriate factual findings based on the evidence presented at the … board has "'peculiar knowledge of local conditions,' [its] factual findings are entitled to substantial deference and …
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… N.J.S.A. 2C:39-7(b). On March 18, 2016, the trial judge commenced defendant's sentencing hearing. Defendant … we uphold "the trial court's decision so long as [the factual] findings are supported by sufficient credible … outlined in State v. King, 44 N.J. 346, 352-53 (1965): Factors potentially indicating coerced consent include: (1) …
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… having been charged under two indictments for crimes committed when he was sixteen years old,3 pleaded guilty to … period of parole ineligibility "did not amount to a de facto life sentence as it afforded him the opportunity to … and he is young today," and found "there's one mitigating factor, his age." The judge also noted that defendant did …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-3244. Arthur J. Murray argued … to consider his request as a "challenge/appeal of his de facto/constructive termination." In its November 30, 2016 … and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion …