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njcourts.gov
… Wenzel appeal the July 20, 2018 orders that dismissed their complaint in lieu of prerogative writs under Rules 4:6-2 and … HEARING WHEN A COMPLAINT RAISES A GENUINE ISSUE OF MATERIAL FACT. In their reply brief, plaintiffs argue: I. THIS MATTER … 2004). Therefore, our review here is limited. "[P]ublic bodies, because of their peculiar knowledge of local …
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njcourts.gov
… or assigning [the] lease." Plaintiff later filed a complaint against Peguero and an unauthorized tenant … R. 2:5-4(a). Pena's merits brief, however, contains these factual assertions; we use them not to determine this … in service of the United States Navy and stationed in San Diego.4 Pena testified he was not under the influence and, …
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njcourts.gov
… opinions, the holdings of which we summarize here, for the factual background. In 2016, we considered whether plaintiff … the ensuing nineteen years, their relationship has . . . become the equal of that of a married couple. [Id. at 4]. As … changed, but found plaintiff continued to rely on the same facts on which he had previously relied when arguing about …
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njcourts.gov
… pointed it at the manager and demanded money. The manager complied, giving him money from the company safe. The gun … ALTERNATIVE, BECAUSE THERE ARE GENUINE ISSUES OF MATERIAL FACT IN DISPUTE, THE PCR COURT ERRED IN DENYING AN … that there is a reasonable probability that if defendant's factual assertions were found to be true enforcement of the …
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njcourts.gov
… to vacate his guilty plea because he alleged an adequate factual basis was not presented at the plea hearing and … The PCR court rejected defendant's argument that the factual bases for his guilty pleas were not adequate to … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality …
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njcourts.gov
… drawn up. Famek is a real estate and property management company. Its principal, Emeka, has been in the real estate … enrichment was inappropriate, as there were other remedies available at law. Famek further argues that the trial … review. An appellate court shall "'not disturb the factual findings and legal conclusions of the trial judge …
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njcourts.gov
… request for special Drug Court probation and gave no recommendation to the court on an alternative sentence. Two … the Drug Court program. The trial court found aggravating factors three—the risk defendant will commit another … prior criminal record; and nine—deterrence; and mitigating factor ten—likely to 4 A-3280-17T2 respond to probationary …
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njcourts.gov
… and Natali. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-1891. Maurice W. Mc Laughlin … that the ALJ failed "to include all of the required remedies [he] should be awarded . . . ." Specifically, Pierce … Commission adopted the ALJ's recommendations, findings of fact and conclusions of law, reversed Pierce's demotion, and …
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njcourts.gov
… Inc.'s motions for summary judgment and dismissing his complaint with prejudice. Viewing the record in the light … of mere surmise or conjecture; it denotes elements of factuality from which a lack of due care can be rationally … necessarily attributable to the negligence of another. The factual pedestal stabilizing the logical inference of …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2017-913. Lois Law Firm, … of disability and impairment ratings, including workers' compensation cases. He evaluated petitioner in November and … they found nothing that contradicted his testimony. In fact, over the six days, [petitioner] is not seen doing …
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njcourts.gov
… appeal from the Law Division order dismissing their complaint against defendant,2 after a jury returned a … contrast, "[r]esidential homeowners can safely rely on the fact that they will not be liable unless they create or … houses on the parties' street could have been the deciding factor in defendant's favor. Cf. State v. Frost, 158 N.J. …
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njcourts.gov
… her office had filed an appellate brief, asserting it was "common that the client does not review this document before … 65 N.J. 474, 483-84 (1974). We "should 'not disturb the factual findings and legal conclusions of the trial judge' … in the incorrect county, that had no bearing on the fact that defendant did not timely request arbitration. …
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njcourts.gov
… Republic. He claimed he killed his wife because he was commanded to do so by voices in his head that started after … overwhelming evidence the State presented, not only of the facts of the murder, but also defendant's plan to kill his … AS THE SENTENCING JUDGE FAILED TO CONSIDER ANY MITIGATING FACTORS. A. AGGRAVATING FACTORS DID NOT APPLY AND THE COURT …
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njcourts.gov
… Inc. (Sunrise) appeals from a judgment dismissing its complaint in lieu of prerogative writs, which sought to … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not … Minehill Twp., 117 N.J. 376, 394 (1990)). Moreover, "satisfaction of the negative criteria does not depend on an …
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njcourts.gov
… which was disputed, the only crime that individual committed was criminal trespass. See N.J.S.A. 2C:18-3. The … court thoughtfully discussed the aggravating and mitigating factors. N.J.S.A. 2C:44-1. The judge detailed defendant's … seventeen indictable crimes. The judge found aggravating factor three—as it was patently obvious that defendant was a …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS COMCAST OF GARDEN STATE, LP : SUPERIOR … does not modify the definition of “your work”. 4 A factual dispute exists regarding the correct contract under … in effect at the time work was performed by JNET. While a factual dispute exists with respect to which contract was …
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njcourts.gov
… DIVISION DOCKET NO. A-2264-14T4 PRIMAVARA INVESTMENT COMPANY, Plaintiff-Appellant, v. JOSEPH J. ROMEI, CPA, LLC … 171 N.J. 561, 571 (2002), fails to consider relevant factors, or considers "irrelevant or inappropriate" ones. … that the record reflects that counsel lacked any reasonable factual basis to file or maintain a complaint on behalf of …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2011-32131. Carpenter, … argument and affirm the order for judgment. These are the facts. On July 26, 2011, while working on a ladder during … the JOC determined that the treating records, diagnostic studies, and a functional capacity examination enabled her to …
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njcourts.gov
… sexual assault in violation of N.J.S.A. 2C:14-2(c)(4), by committing an act of sexual penetration upon J.S., while … on July 8, 2009, she called defendant and invited him to come over to her house because she was bored. J.S. knew … court determines that there are disputed issues of material fact "that cannot be resolved by reference to the existing …
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njcourts.gov
… segregation with credit for time served, 90 days' loss of communication time, 365 days' urine monitoring, and … limits. Such discretion shall be guided by the following factors: 1. The length of the delay; 2. The reason for the … appeal. "The obligation to exhaust 'administrative remedies before resort to the courts is a firmly embedded …