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njcourts.gov
… this action are 5 insufficient, because they must be supported by allegations of “further acts.” Penwag Property … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted.” Id. … to be issued by plaintiff was being utilized to obtain a determination of a genuine controversy existing between …
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njcourts.gov
… year later. As the relationship deepened, defendant and her children moved in with Lopez. She assumed a more prominent … held only if a defendant presents "a prima facie claim in support of post-conviction relief." R. 3:22-10; State v. … must allege 8 A-1635-15T3 specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, …
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njcourts.gov
… facts found in the trial record. Plaintiff resided in her childhood home with her mother, another brother, and … the judge concluded the evidence was insufficient to support the allegation of terroristic threats. Her complaint … are largely based on the judge's detailed credibility determinations and feel of the case, we discern no error. See …
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njcourts.gov
… would be distributed to each of decedent's three grandchildren, and the remainder of the trust corpus would be … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … judge unless it is convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… hearing when he "has presented a prima facie [claim] in support of [PCR]," meaning that a defendant must demonstrate … under the second prong of Strickland/Fritz. The record supports the PCR judge's findings. C. "Generally, an … all of the legitimate arguments that the record will support. If after investigation counsel can formulate no …
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njcourts.gov
… motion, Judge McGovern determined that the affidavit in support of the application "fail[ed] to describe exactly … 6, 2019, plaintiff filed a motion for reconsideration. In support of that motion, plaintiff offered additional … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the …
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njcourts.gov
… and disinvestment in the residential community [was] unsupported by any test, study or empirical data." Instead, … professional judgment . . . ." Based on his credibility determinations regarding the expert testimony, the judge found … the Ordinance. The judge agreed with the Council's determination "the development of a hotel and freestanding …
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njcourts.gov
… of material facts, see Rule 4:46-2(a), and was further supported by the certification of Divyesh Kothari (Kothari), … Kothari precisely detailed the 4 A-0575-17T1 computations supporting the yield maintenance fee in accordance with the … of foreclosure and that defendant "[did] not submit any supporting affidavits" with its opposition to plaintiff's …
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njcourts.gov
… to represent defendant, and counsel filed a brief in support of the petition. The PCR court found that … warrant assignment of counsel, and there was no factual support for the claim of newly discovered evidence. The … defendant raised a claim of newly discovered evidence. In support of that claim, defendant submitted to the PCR court …
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njcourts.gov
… petition if the defendant presents a prima facie case in support of PCR, the court determines there are material … reason for asking the question. The record supports that determination. On appeal, defendant argues that the question … which was S-10. Thus, the record supports the PCR court's determination that defendant had not established a prima facie …
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njcourts.gov
… DNA statistical evidence described by the State's expert supports the identification. Defendant was employed minutes … have been followed, if competent credible evidence supports each finding of fact upon which the sentence was … (1984). Aggravating and mitigating factors must be fully supported by the evidence. State v. Blackmon, 202 N.J. 283, …
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njcourts.gov
… that was the primary asset of the Partnership. In support of the motion, Halpern submitted a proposed form of … 424 N.J. Super. 357, 367 (App. Div. 2012). Such "'determinations by trial courts will be disturbed only on the … which complied with RPC 1.5(a), and supports its determination as to the quantum of attorney's fees and costs …
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njcourts.gov
… The only evidence upon on which defendant relied in support of his claim he became an equity partner was the … motion, the court "must accept as true all evidence which supports the position of the party defending against the … language in N.J.S.A. 42:1A-10(c)(3) defendant claims supports the premise he was an equity partner states, "[a] …
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njcourts.gov
… There was sufficient credible evidence in the record to support the judge's finding that defendant left the scene of … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious …
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A-44-52-23 Reply Brief New Jersey Association For Justice
Briefs
njcourts.gov
… 2 4 2024 SUPREME COURT OF NEW JERSEY REPLY BRIEF IN FURTHER SUPPORT OF NJAJ'S PETITION FOR REVIEW OF ADVISORY COMMITTEE … iii ARGUMENTS IN FURTHER SUPPORT OF REVIEW AND REVERSAL ... 1 I. THE COMMITTEE … passim 111 ARGUMENTS IN FURTHER SUPPORT OF REVIEW AND REVERSAL Under the guise of a "plain …
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njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the [Law Division's] findings." State v. Robertson, … of the [municipal] judge'" to make credibility determinations. State v. Adubato, 420 N.J. Super. 167, 176 … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, … asserting a claim that lacks the legal or evidential support. "[U]nder Rule 1:4-8, an assertion is deemed … when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or …
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njcourts.gov
… in collecting his outstanding balances. Plaintiff cited as support, without any objection by defendant, the pre-marked … by email to defendant, but accepted plaintiff's testimony, supported by the express terms of his contract with Dr. … verbal testimony of . . . plaintiff was sufficient to support the entry of judgment by the [c]ourt." This appeal …
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njcourts.gov
… to the statement of undisputed material facts NJCU filed in support of its motion but 1 Plaintiff's notice of appeal … or allegations without affidavits or other evidentiary support, never moved to compel more specific answers to … respond to NJCU's statement of material undisputed facts in support of summary judgment. The consequence of that failure …
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njcourts.gov
… an opportunity to oppose the certifications of counsel supporting plaintiff's motion, and the fees awarded to … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …