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… the area where plaintiff fell and produced two surveys in support of this position. Defendants maintained no duty … ordinance does not create a legal duty; and (4) no facts support any theory of vicarious liability against Stevens & … credible evidence contained in the summary judgment record supports the trial court's grant of summary judgment which …
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… required plaintiff to produce all relevant documents in support of its demand for payment and rejected plaintiff's … to produce to defendant the documents necessary to support the claims alleged in the complaint. The Special … case and compelling the production of discovery in support of plaintiff's allegations. B. We also reject …
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… by NERA. The sentencing court found the credible evidence supported a finding of aggravating factors three, N.J.S.A. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … State v. Porter, 216 N.J. 343, 354 (2013)). We affirm the determination that defendant was not entitled to an …
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… his written opinion, the judge made extensive credibility determinations. The judge found defendant's credibility … 285, 299 (App. Div. 2016), unless the findings are not supported by adequate, substantial , and credible evidence, … hearing, we have no basis to reject the judge's determination that defendant failed to establish ineffective …
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… establish the requisite veracity and basis of knowledge to support his detention and frisk." An evidentiary hearing was … detail to 6 A-2632-22 establish a basis of knowledge to support the reliability of the tip and justify an … in illegal activity, we cannot make an independent determination of whether that conclusion was reasonable." Id. …
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… did not retain a copy of the levy and the Valley Deposit Support Department did not record receipt of the levy. … First Republic Bank. On February 14, 2022, Valley's Deposit Support Department received the second levy. Valley reviewed … agreement is unavailing. We part ways with the judge's determination that the levy was appropriate simply because at …
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… or another judge, will be hearing the matter, making the determination in regard to the issues of guilt or other … the admission of evidence and the State presented witnesses supporting its claim defendant had committed the charged … the evidence, made findings of fact and credibility determinations, and found the State had satisfied its burden …
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… submitted a supplemental brief and certification in support of his petition. Defendant alleged his trial counsel … issues in his first appeal. Neither the record nor the law support any of those arguments. 1. Trial Counsel's Alleged … potential witnesses. Moreover, defendant's certification in support of his PCR petition is too vague, conclusory, and …
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… decision "regarding the validity of a local board's determination, 'we are bound by the same standards as was the … non-conforming structures can constitute hardship is supported by Lang v. Zoning Bd. of Adjustment of Twp. of N. … conclusion. The record also supports the trial court's determination that plaintiffs are entitled to (c)(1) variance …
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… disclose the CI's identity and defendant's motion was unsupported by an affidavit. Citing State v. Broom-Smith, 406 … to "'prove or disprove any fact of consequence to the determination of the action.'") (quoting N.J.R.E. 401). We … evidence to support the necessary probable cause determination. While a controlled buy, alone, "would not …
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… don't see any medical evidence, at all, in the record that supports [Picciano]'s case that he was suffering from … with that. I don't see any evidence in the record to support any of that. . . . . 6 A-3071-17T2 The only time … party], I just don't see any scientific evidence that supports [Picciano's] claim. . . . . . . I would also, as an …
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… the motion judge's factual findings as long as they are supported by sufficient credible evidence in the record. … ends when a trial court's factual findings are not supported by sufficient credible evidence in the record." … mind, we conclude the motion judge's factual findings are supported by competent evidence in the record. 9 A-2958-15T4 …
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… his sexualized violence, his history of impulsivity, his childhood behavioral problems and his antisocial attitudes … such as H.E. having a fiancé and adult children. To support his opinion, Dr. Pirelli administered the Risk for … affirm. "'The scope of appellate review of a commitment determination is extremely narrow.'" R.F., 217 N.J. at 174 …
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… BY THE ALLEGED VICTIM, WHICH MISLED THE MUNICIPAL JUDGE'S DETERMINATION OF "PROBABLE CAUSE." POINT V IT IS A VIOLATION … TRUTH, INCLUDE FALSE STATEMENTS IN AN AFFIDAVIT FILED IN SUPPORT OF A WARRANT. POINT VI THE TRIAL COURT ERRED IN THE … that relief would be granted. Rule 3:22-4(b)(2)(B). In support of his most recent PCR petition, defendant asserts …
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… of fact should not be disturbed so long as they are supported by "sufficient credible evidence present[ed] in … demonstrated a chronic pattern of behavioral problems since childhood. He also has a history of involvement with the criminal justice system, and a lack of cooperation with supportive efforts. Dr. Carmignani said D.M.B.'s personality …
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… fundamental contention is the judge's conclusions are unsupported by the evidence, and the "overwhelming weight" of … (1965)). We thus defer to the factual findings and legal determinations made by the judge of compensation unless they … searching the record, we find sufficient support for his determination petitioner was respondent's employee within the …
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… to amend his complaint to add factual allegations in support of his LAD claims and to assert claims that the … to amend his complaint to add new factual allegations to support his claims under LAD. Having reviewed the complaint … defendants essentially argue that the record in Valdes supports a motion to dismiss in this case because "a …
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… had not shown excusable neglect or an interest of justice supporting relaxation of the time bar. The court also found … only if he or she establishes a prima facie showing in support of the petition. R. 3:22-10(b); State v. Rose, ___ … because defendant relies entirely on bald assertions to support his claim that he instructed trial counsel to file …
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… are satisfied there is sufficient evidence in the record to support the judgment ordering partition by one-third to each … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … in ruling on a partition action, is required to make a determination as to the fair market value of a property before …
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… got to the point where she needed to be hospitalized." To support his opinion, Dr. LoPreto cited the April 2016 report … (2014). We "should not disturb an administrative agency's determinations or findings unless there is a clear showing … Super. 531, 561 (App. Div. 2008). The ALJ's credibility determinations in the present matter involved the expert …