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njcourts.gov
… evidentiary hearing. We affirm. We incorporate herein the facts set forth in our opinion on defendant's direct appeal … 2009), certif. denied, 199 N.J. 542 (2009). The following facts are pertinent to the present appeal. Defendant was … a petition for PCR, which the trial court held until the completion of the appeal. State v. Dykeman ("Dykeman III"), …
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njcourts.gov
… his counterclaims. We affirm. I. We derive the following facts from evidence submitted by the parties in support of, … opposition to, the summary judgment motion. We view those facts in the light most favorable to defendant, the … A-3697-22 Paragraph 6 of the lease stated: "Landlord shall comply with the Rent Security Deposit Act (SDA), N.J.S.A. …
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njcourts.gov
… reprises the same argument. We affirm. I. The pertinent facts and procedural history were accurately summarized in the PCR court's decision and accompanying opinion and need not be repeated here at length. … truthful. The plea hearing judge found defendant provided a factual basis for each of the charges he pled guilty to and …
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njcourts.gov
… order that granted the summary judgment dismissal of his complaint against defendants JTI Real Estate, LLC, and its … For the reasons that follow, we dismiss the appeal. The facts alleged in plaintiff's complaint are straightforward. … be described as convoluted. We therefore briefly recite the facts that spurred the litigation and unravel the pertinent …
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njcourts.gov
… at different federal prisons. Plaintiff filed a complaint claiming defendant Susan D. Jackson, the New … of the early procedural stage of the case, we accept the facts alleged in the complaint as true, giving plaintiff "every reasonable inference of fact." Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, …
njcourts.gov
… teaching license. Plaintiff said the incident made him uncomfortable, and that he "wanted it to be over," and "[i]t … abuse by Y[oung] more significant and are a contributing factor to his subsequent functioning." RBOE moved for … was a patient who fell into a coma after surgery and later died. Id. at 439. After trial in the wrongful death action, …
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… sole cause of Pagan's accident and awarded him $175,000 in compensatory damages. Crystalline appeals. First, it … the bar with her husband, who had passed away. When he died, she moved to Florida. She was in the process of … particularly in view of so many credibility issues and factual disputes. To be sure, there were many …
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njcourts.gov
… sole cause of Pagan's accident and awarded him $175,000 in compensatory damages. Crystalline appeals. First, it … the bar with her husband, who had passed away. When he died, she moved to Florida. She was in the process of … particularly in view of so many credibility issues and factual disputes. To be sure, there were many …
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njcourts.gov
… teaching license. Plaintiff said the incident made him uncomfortable, and that he "wanted it to be over," and "[i]t … abuse by Y[oung] more significant and are a contributing factor to his subsequent functioning." RBOE moved for … was a patient who fell into a coma after surgery and later died. Id. at 439. After trial in the wrongful death action, …
njcourts.gov
… and convincing evidence, we are constrained to remand for compliance with the notice requirements of the Indian Child … Youth & Family Servs. v. M.M., 189 N.J. 261, 278-79 (2007). Factual findings that are supported by adequate, substantial … more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] These factors relate to each other and overlap; they are not …
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njcourts.gov
… and convincing evidence, we are constrained to remand for compliance with the notice requirements of the Indian Child … Youth & Family Servs. v. M.M., 189 N.J. 261, 278-79 (2007). Factual findings that are supported by adequate, substantial … more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] These factors relate to each other and overlap; they are not …
njcourts.gov
… The issue at trial was whether that was a recognized complication of the surgery, as defendant argued, or a … can be confused or again because of the small size and the fact that they can run parallel, can be misidentified," and … contends the defense experts offered net opinions without factual support. Because we agree with plaintiff's first two …
default
… SAUTER, Plaintiff-Appellant, v. COLTS NECK VOLUNTEER FIRE COMPANY NO. 2; CHRISTOPHER QUINCANNON, individually and as a … to the protections of CEPA, we affirm. The essential facts are undisputed. Colts Neck's fire department consists … thereof, and all public officers, agencies, boards or bodies." N.J.S.A. 10:5-5e. A "person" is (continued) …
njcourts.gov
… PREJUDICED THE DEFENDANT. II. THE PROSECUTOR'S IMPROPER COMMENTS IN CLOSING ARGUMENT REGARDING THE SURVEILLANCE … imprisonment. Judge Oxley also concluded that aggravating factors three, N.J.S.A. 2C:44-1(a)(3), ("[t]he risk that the … the law") preponderated over the non-existent mitigating factors. This appeal followed. II. In his first point, …
njcourts.gov
… Brian Cohen, O.D., and Harmon Stein, M.D., arising out of complications caused by lasik eye surgery.1 Immediately … the surgery." The court also concluded disputed issues of fact existed as to whether Dr. Cohen negligently measured … on the issue was the law of the case and also concluded factual questions existed regarding Dr. Cohen's role as a …
default
… as a condition of probation; the presumption can be overcome only when a state prison sentence would be a serious … a state prison sentence relies principally on sentencing factors pertaining to the offender, including defendant's … parole ineligibility. I. We briefly summarize the pertinent facts and procedural history. In July 2019, a confidential …
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njcourts.gov
… SAUTER, Plaintiff-Appellant, v. COLTS NECK VOLUNTEER FIRE COMPANY NO. 2; CHRISTOPHER QUINCANNON, individually and as a … to the protections of CEPA, we affirm. The essential facts are undisputed. Colts Neck's fire department consists … thereof, and all public officers, agencies, boards or bodies." N.J.S.A. 10:5-5e. A "person" is (continued) …
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njcourts.gov
… Brian Cohen, O.D., and Harmon Stein, M.D., arising out of complications caused by lasik eye surgery.1 Immediately … the surgery." The court also concluded disputed issues of fact existed as to whether Dr. Cohen negligently measured … on the issue was the law of the case and also concluded factual questions existed regarding Dr. Cohen's role as a …
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njcourts.gov
… The issue at trial was whether that was a recognized complication of the surgery, as defendant argued, or a … can be confused or again because of the small size and the fact that they can run parallel, can be misidentified," and … contends the defense experts offered net opinions without factual support. Because we agree with plaintiff's first two …
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njcourts.gov
… as a condition of probation; the presumption can be overcome only when a state prison sentence would be a serious … a state prison sentence relies principally on sentencing factors pertaining to the offender, including defendant's … parole ineligibility. I. We briefly summarize the pertinent facts and procedural history. In July 2019, a confidential …