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… with various goods and services within walking distance of commuter transit. To be appointed as the redeveloper of the … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of … law and the legal consequences that flow from established facts are not entitled to any special deference." Rowe v. …
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… the trial court erred in denying defendant 's motion to compel arbitration of a commercial dispute. For the reasons … that it did not waive its right to arbitrate under the multifactor test of Cole v. Jersey City Medical Center, 215 N.J. … the right to enforce a lien and traditional contractual remedies is provided by the CLL's statement that "Nothing in …
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… judge – and its appeal to 3 A-2291-22 this court – with a complete record of the documentary evidence, including the … "the risk created by the 12 A-2291-22 agreement was in fact the cause of [the] defendant's nonappearance and of the … N.J. at 206. 14 A-2291-22 Directive #22-17 sets forth the factors the court should consider when determining whether …
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… or denial of a motion to suppress, we "must uphold the factual findings underlying the trial court's decision so … in the record." State v. Lamb, 218 N.J. 300, 313 (2014). Factual findings are accorded deference because they "are … The judge added the transaction took several minutes to complete during which time the UCO had an unhindered line of …
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… he was not informed his plea might subject him to civil commitment under the New Jersey Sexually Violent Predator … 518, 540 (2013), we affirm. I. We summarize the pertinent facts and procedural history from the record before the PCR … [plea counsel] able to answer your questions to your satisfaction?" Defendant testified he understood in exchange for …
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… N.J.S.A. 2C:7-1 to -5, and notification requirements to the community with regard to certain sex offenders, N.J.S.A. … is not supported by scientific and sociological studies or our jurisprudence and is not needed given the … by Supreme Court precedent that already accounts for the fact that juvenile sex offenders are different from adult …
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… 3 A-3131-22 developed pulmonary embolus causing additional complications after the surgery. With her complaint, plaintiff served an AOM against Dr. Shah from … the expert report, and the [AOM]." Id. at 564-65. The facts presented here do not support deeming the AOM …
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… Firko and Susswein. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … the judge highlighted that she "cannot overlook the fact that in Dr. Volshteyn's office notes, he refers to … was not based on credible evidence and no reasonable factfinder could conclude Dr. Volshteyn's treatment plan was …
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… counsel requiring clarification, we reverse. We recite the facts from the testimonial hearing on the State's motion to … else that you want to add? I mean it's just going to come out once we continue with the investigation. Is there … a motion to suppress, we defer "to the trial court's factual findings that are supported by sufficient credible …
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… 2C:39-4(a)(1); and first-degree murder of Matildes during commission, or attempted commission, of a robbery, N.J.S.A. … v. Ahmad, 246 N.J. 592, 609 (2021). We defer to the court's factual and credibility findings provided they are supported … (2017). "We ordinarily will not disturb the trial court's factual findings unless they are 'so clearly mistaken that …
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… On appeal from the New Jersey Public Employment Relations Commission, PERC Nos. 2016-038, 2016- 196, 2020-063, … for respondent New Jersey Public Employment Relations Commission (Frank C. Kanther, Deputy General Counsel, on the … pending a criminal investigation involving the same facts and events, id. IV.D.8(d); and granted officers under …
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… and Jacobs. On appeal from the New Jersey Civil Service Commission, Docket No. 2022-3164. Caruso Smith Picini, PC, … General, attorney for respondent New Jersey Civil Service Commission (Janet Greenberg Cohen, Assistant Attorney … Commission finds that a material and controlling dispute of fact exists that can only be resolved by a hearing, an …
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… on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 … arrest, defendant was not permitted to contact the rental company to clarify the registration information. Barbagli … TO HAVE RESULTED IN DRAWING INFERENCES AGAINST THE STATE'S FACTUAL CONTENTIONS WITH RESPECT TO THE CONTENT OF THE …
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… Board denied plaintiffs' application. Plaintiffs filed a complaint in lieu of prerogative writs. The Law Division … N.J. at 81). While we accord substantial deference to the factual 11 A-0037-17T3 findings of the Board, its … Board was required to give preclusive effect to its prior factual findings about the uniqueness of the property …
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… tuition for the parties' daughter. We affirm. The following facts are taken from the motion record. The parties were … education, such dispute may be submitted to a [c]ourt of competent jurisdiction. Additionally, the MSA addressed … Cesare, 154 N.J. 394, 412 (1998)). "We do 'not disturb the "factual findings and legal conclusions of the trial judge …
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… to enter the residence through the front door. They were accompanied by a police dog. Eller banged on the front door, announced it was the police, and said someone should come to the door or the police would come in. They heard a … a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, …
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… challenging the court's denial of her motion to compel defendant to contribute to a life insurance policy … basis[,]' considered 'irrelevant or inappropriate factors[,]'" ibid. (alterations in original) (quoting Flagg … and the legal consequences that flow from the established facts. Zabilowicz v. Kelsey, 200 N.J. 507, 512-13 (2009). …
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… in which Bunero assured Longo that the truck was going to come out looking "mint" and Longo assured Bunero that he … Believing that something illegal was occurring, he made a complaint to Township officials. Wiley testified that he … IS UNCONSTITUTIONALLY VAGUE AND AMBIGUOUS AS APPLIED TO THE FACTS HEREIN (Not raised below). POINT II: JUSTICE WOULD …
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… Judge." One year later, in July 2013, plaintiff filed a complaint in the Law Division alleging violations of the … the non- moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of … summary judgment record established the following relevant facts. In 2000, following his appointment as a SCPO, …
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… 2016, which affirmed the Board's action and dismissed the complaint. Plaintiff Jeffrey J. Carr appeals from the trial … Church's membership had been declining. He noted that the income generated from the lease would contribute to the … 13, 2015 meeting should have been considered final. The fact remains, however, that the Board member abstained from …