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njcourts.gov
… Plaintiff James Kennedy, II, alleges in his March 2019 complaint that defendant Weichert Co. misclassified him and … class's right to relief, NJR professed no knowledge of the factual allegations specific to Kennedy's relationship with … or defense and the main action have a question of law or fact in common." R. 12 A-0395-19T2 4:33-2; see also ACLU, …
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njcourts.gov
… A separate escrow agreement was prepared but never completed. It had no signature page and did not list the … II We afford a deferential standard of review to the factual findings of the trial court on appeal from a bench … that plaintiff was suing under the wrong policy. Those facts have nothing to do with the present case; there was no …
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njcourts.gov
… his neighbors. Plaintiff alleged in his chancery complaint that Alexander Iwaskiw, a teenager, operated a … frequency, duration, time, and locality are relevant factors." Thus, a sound of lesser intensity or volume than … significant enough to render him uncomfortable was for the factfinder to consider. See Benton, 127 N.J. Eq. at 462. A …
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njcourts.gov
… their understanding that "at such time that mother becomes a bona fide resident of the State of New Jersey, … expenses without a plenary hearing to review the Newburgh factors.2 II "[W]e accord great deference to discretionary … law and the legal consequences that flow from established facts are not entitled to any special deference." Hitesman …
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njcourts.gov
… onto Sandford Street.1 Appellant heard only minimal radio communications concerning how the situation with the suspect … Nothing in the video materially contradicts the ALJ's factual findings. See State v. S.S., 229 N.J. 360, 374-81 … (2017) (clarifying the limited scope of appellate review of factual findings based on video evidence). 9 A-5074-16T3 the …
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njcourts.gov
… JERSEY APPELLATE DIVISION DOCKET NO. A-3792-17T1 STATEWIDE COMMERCIAL CLEANING, LLC, Plaintiff-Appellant, v. FIRST … GOD, Defendant/Third-Party Plaintiff, v. MERCER INSURANCE COMPANY OF NEW JERSEY, INC., Third-Party Defendant- … and the Mediation Settlement Agreement. It is on those facts that the [c]ourt found the award of the appraisal …
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njcourts.gov
… described the building as a "boarding house," with a common hallway that led to defendant's room at its end; four … v. Robinson, 200 N.J. 1, 15 (2009). We defer to the court's factual and credibility findings "so long as those findings … 157 N.J. 463, 471 (1999)). We disregard a trial court's factual and credibility findings only if clearly mistaken. …
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njcourts.gov
… on March 29, and April 3, 2018. We incorporate the factual findings and legal conclusions contained in Judge Donaldson's decision and add the following comments. K.W. became pregnant with Jack soon after she and … bleeding disorder" and that "none of the[] laboratory studies would explain the bleeding in his head." When the …
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njcourts.gov
… offenses. He argues: POINT I THE JURY CHARGE REGARDING ACCOMPLICE LIABILITY WAS IMPROPER, THUS DENIED DEFENDANT DUE … PROCESS AND A FAIR TRIAL. A. The Jury Charge Regarding Accomplice Liability Was Given In Error As Defendant Was … D. The Prosecutor Intentionally Misstated Critical Facts To The Jury, Thereby Prejudicing The Defendant And …
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njcourts.gov
… 43:16A- 7(1). We affirm. I. Except as noted, the following facts were found by the Administrative Law Judge (ALJ) in … a police officer. The civilian ignored Mogul's request to come to the front door. Mogul observed as the civilian … of the member's regular or assigned duties," 1 The Court commented that "[u]nder that [Patterson] standard a …
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njcourts.gov
… failed to sua sponte instruct the jury on the concept of accomplice liability and allow the jury to convict defendant … defendant's arguments and affirm. We gather the following facts from the record developed before the trial court. In … without being identified. These items included "a gray hoodie and stocking cap." When Williams drove into the Wells …
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njcourts.gov
… Count Three would be dismissed, and the prosecutor would recommend four years' probation conditioned on defendant serving 364 days in county jail. Defendant completed a written plea form and stated "yes" in response … facie claim, a petitioner . . . . must allege [specific] facts sufficient to demonstrate counsel's alleged …
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njcourts.gov
… plea; he asserts the plea record failed to establish a factual basis supporting his kidnapping conviction. … I. Defendant's convictions arose from a home break-in he committed in Edison on the night of November 30, 2014; at … following colloquy occurred with defendant to establish the factual basis for second-degree kidnapping: Q. So, …
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njcourts.gov
… statement, alleging it was improper for the prosecutor to comment on the credibility of her witnesses. Defense counsel … and gave the following curative instruction: All right. Ladies and gentlemen . . . toward the end of [the … instructed you a few moments ago, you're the judges of the facts and it's you, the jury, that is to determine the …
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njcourts.gov
… 24, 2015 judgment of conviction. I. We derive the following facts from testimony of Essex County Sheriff's Officers … Megaro and Giuseppe Forgione and the trial court's factual findings at defendant's suppression motion hearing. … officers smelled the odor of "raw" or "fresh" marijuana coming from inside the vehicle. As defendant reached for the …
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njcourts.gov
… amend her counterclaim and for leave to file a third-party complaint against plaintiff's son and daughter, which the … court granted defendant's motion to file the third-party complaint and filed her amended pleadings, the court never … said "okay" and proceeded to ask the parties if there were facts to which they could stipulate. 2 The letter was not …
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njcourts.gov
… R. 1:36-3. December 28, 2017 2 A-4376-16T2 motion to compel a buccal swab, and granting the defense motion … a grant or denial of a motion to suppress must defer to the factual findings of the trial court so long as those … live testimony, appellate courts defer to the trial court's factual findings because the trial court has the …
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njcourts.gov
… and sentence. We affirm. I. We derive the following facts from the record. On July 24, 2014, defendant and two … the search warrant and defendant had not met his burden to compel the State to reveal the identity of the informant … on June 24, 2016. The trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (likelihood of …
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njcourts.gov
… the defendants’ post-indictment activities must await completion of the pending criminal prosecution. On May 14, … motion to quash. That said, the Court takes note of the fact that the State did not provide any guidelines or factors under which the Attorney General reviews and permits …
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njcourts.gov
… A.P.M., said defendant, who was nineteen years of age, had come into her bedroom during the night and touched her … appellate court ordinarily should defer to a trial court's factual findings, even when those findings are based solely … Deference, however, is not required when the trial court's factual findings are clearly mistaken." State v. S.S., 229 …