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njcourts.gov
… In exchange for his guilty plea, the State agreed to recommend a probationary sentence conditioned on 364 days in … hearing, we "conduct a de novo review of both the factual findings and legal conclusions of the PCR court." … . there is a reasonable probability that if the defendant's factual assertions were found to be true enforcement of the …
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njcourts.gov
… his motion to vacate the FRO. We affirm. We recount the factual allegations from the testimony adduced at the FRO … against defendant based upon allegations that defendant had committed predicate acts of harassment and assault on March … not properly check the box for assault. The amended TRO remedied this oversight. 3 A-4817-18T4 on April 10, 2019, to …
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njcourts.gov
… view to implementing both the letter and the spirit of the compulsory arbitration statute and the rules promulgated … right to review the record and make [our] own findings of fact and conclusions" based on the record below. Grasso v. … 4:21A-6, defendant had to show all five of the following factors: (1) the lack of prejudice to the defending party; …
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njcourts.gov
… INTERIOR SYSTEMS, INC., Plaintiff-Appellant, v. NATIONAL COMMERCIAL BUILDERS, INC., d/b/a NCB BUILDERS OF NEW JERSEY, … it subverts New Jersey's strong public policy, as embodied in the PPA, for the prompt and efficient payment of … in improper fragmentation of litigation involving common facts and parties.4 National argues for the first time on …
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njcourts.gov
… prior to the closing and a lump sum at the closing. Mantiff commenced separate actions as to Emerson and Fairview in … as evidenced by the failure 10 A-1528-17T4 to demand satisfaction of the notes. Dharia lacked specific knowledge as to … III. We next address Mantiff's attack on the trial court's factual findings and conclusions. Our review of the factual …
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njcourts.gov
… Division, Criminal Part, he was indicted for sexual crimes committed against his younger sisters, J.C. and S.C.: … denies committing the acts; he does not raise any of those factors in his defense and extrinsic evidence is not … that the State met its burden with regard to those Cofield factors. "[A]ppeals are taken from orders and judgments and …
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njcourts.gov
… residential district, but immediately adjacent to the C-4 commercial district, and had been used as a funeral home for … 81 (2002)). While we accord substantial deference to the factual findings of the Board, its conclusions of law are … it is especially well- suited for the use, in spite of the fact that the use is not permitted in the zone. [Price, 214 …
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njcourts.gov
… d/b/a MARITIME PARC, Plaintiff-Appellant, v. NOVA CASUALTY COMPANY, Defendant-Respondent. … the policy language to disallow coverage under the factual circumstances presented. Plaintiff now appeals that … cross-moved for summary judgment. Both parties agreed the factual record did not require any further development in …
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njcourts.gov
… by several doctors through her employer's workers' compensation provider, including a cognitive evaluation … "this guidepost [was] not unwaivable" and noted that other factors to consider in exposing "weaknesses" in expert … determination was its to make, but rather whether the factfinder could 15 A-1488-17T4 reasonably so conclude upon …
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njcourts.gov
… by the trial court on May 10, 2019, which dismissed its complaint for failure to comply with the Affidavit of Merit (AOM) statute, N.J.S.A. … that 6 A-4469-18T3 [b]ased on [his] understanding of the facts alleged in the [c]omplaint, and assuming that the …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SAMUEL S. RAIA, et al., Plaintiffs, v. … on behalf of defendant CohnReznick LLP (from Saiber LLC) FACTUAL BACKGROUND THIS MATTER arises out of the … dismiss pursuant to R. 4:6-2(e), the Court must treat all factual allegations as true and must carefully examine those …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY HUDSON … Corporation Counsel’s Office, attorneys). Bariso, A.J.S.C. Factual Background and Procedural History This matter arises … of abstentions by members of municipal governing bodies.” Id. at 556. Accordingly, Committee of Petitioners’ …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY … County Prosecutor, attorney). EASTLACK, J.S.C. STATEMENT OF FACTS AND PROCEDURAL HISTORY Petitioner, J.S., was arrested … c. 23 (C.2C35-14.2) or N.J.S. 2C:45-1, if the person satisfactorily completed a substance abuse treatment program as …
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njcourts.gov
… On November 15, 1988, plaintiff filed a domestic violence complaint in the trial court. The complaint was filed under … in N.J.S.A. 2C:25-29(d) violates the prohibition on ex post facto legislation; (2) the trial court failed to consider … to dissolve or modify a FRO, the court must consider the factors identified in Carfagno v. Carfagno, 288 N.J. Super. …
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njcourts.gov
… several luxury residential high-rise apartment buildings comprising about 1200 units, multiple commercial retail units, parking garages, a park, a … terms of approval of a PUD. See N.J.S.A. 40:55D-45.6(a). In fact, the developer's agreement between Shipyard and the …
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njcourts.gov
… of Highland Park (the Borough). Plaintiffs filed a verified complaint challenging the constitutionality of a municipal … has been no determination by this [c]ourt or a finder of fact that there has been a violation by the defendant of . . … Although the judge did not expressly apply the four-factor analysis the Supreme Court established in Crowe, …
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njcourts.gov
… Manganaro described defendant's demeanor as "[v]ery combative." At trial, the State played some of the MVR … at the scene contained oleoresin capsicum, the same ingredient as a bottle of police-issue OC Spray, but at a lower … IT WAS EXCESSIVE GIVEN THE PREPONDERANCE OF MITIGATING FACTORS We address these points in the order presented. I. …
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njcourts.gov
… remand for a new trial. Alessi and co-worker, Philip Izzo, commenced a dating relationship in 2011. At the time, Izzo … false reports, and hindering apprehension. 5 There was a factual dispute between Donaruma's and Alessi's accounts of … THE UNLAWFUL DETENTION BECAME A CUSTODIAL INTERROGATION. A. Factual background. B. Detective Donaruma did not have a …
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njcourts.gov
… 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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njcourts.gov
… 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 …