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… enjoys priority over other claims." In his certification supporting his summary judgment motion, plaintiff annexed … In her 2017 tax return, debtor claimed three dependent children, all with the last name, Garfinkel. However, FMC … the parties filed cross-motions seeking a legal determination – based on our de novo review 15 A-1179-22 of …
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… on the sanction. After reviewing the papers submitted in support of and in opposition 2 The New Jersey Arbitration … U.S., 397 N.J. Super. 614, 623 (App. Div. 2008). "[F]ee determinations by trial courts will be disturbed only on the … there were sufficient facts supporting the court's determination to sanction plaintiffs and the remainder of the …
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… is a 'manifest lack of inherently credible evidence to support the finding, ' when there has been an 'obvious … reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … 197 N.J. 216, 230 (2008)). A trial court's evidentiary determinations are also entitled to "substantial deference." …
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… was procured by undue means because there was no evidence supporting the arbitrator's finding that the City and Union … court found that the arbitrator had "made a reasonable determination that [the City] engaged in contract negotiations … debatable, a court must defer to the arbitrator's determination. See ibid. Consistent with that deferential …
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… 5:15-1 to -12, to the facts of this case to find further support in immunizing defendants from liability. 1 … activities." Ibid. The Act expresses "an overall intent to support and protect equine activities because of their … B. Although we conclude the trial court erred in finding support in the EALA, we affirm the trial court's grant of …
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… noted those conditions "were the minimum that would support approval." The Commission memorialized its decision … an amusement park." It further contends the Commission's determination that the "sale of solely pre[-]packaged food … a "record or understanding" explaining the basis for its determination, leaving appellant "to explain only why it …
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… Center for Taxpayer Rights to file an amicus brief, which supports plaintiff's contentions. We conclude that the … assessment. Therefore, we agree with the tax judge's determination that the issuance of a Responsible Person Notice … On December 16, 2020, Taxation issued a final determination, upholding the Responsible Person Notice "based …
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… of "prolonged litigation" it perceived was necessary to support a waiver argument. Defendants contend we lack … moved to compel defendants' discovery responses. In support of the motion, plaintiff's counsel certified … the same day defendants moved to compel arbitration. In support of their motion, defendants submitted the …
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… him and the resulting evidence they obtained from him. In support of his motion, defendant argued that police failed … in the affidavit, must point out with specificity and supporting reasons the portion of the warrant affidavit … judge concluded by stating: Defendant does not provide any supporting reasons as to why [N.D.'s] statement was a …
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… explained that in such cases notice is not required. In support of his argument, plaintiff relied upon Bertman's … arguments during the summary judgment proceedings to support their position that Bertman's report contained … occurring. Therefore, we disagree with the trial court's determination that Bertman's finding of minimal compliance …
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… is either 12 A-1869-16T3 corroborated or contradicted, supported or discredited by other testimony or evidence; … any and all other matters in the evidence which serve to support or discredit the witness’s testimony. Through this … An appellate court evaluates a court's sentencing determination using a deferential standard of review and must …
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… reasoning. However, within the written statement of reasons supporting the August 29, 2017 order denying defendant's … court explained the factual findings and legal conclusions supporting the June 26, 2017 order. 5 A-2113-17T1 complaint … standing to prosecute the action; 2) failed to properly support its summary judgment motion with competent evidence; …
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… (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … 22, 25 (1995)).] In this regard, we uphold the agency's determination unless a challenger presents "a clear showing … of appellant's registration did not occur until the final determination was issued in June 2016. We reject his claim of …
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… to demolish the motel's existing "laundry and maintenance support building" and to construct a new laundry building … reviewing a board's decision, we presume its "factual determinations . . . to be valid," and we will only reverse if … may be barred. It is for the Board to make that determination in the first instance. [Ten Stary Dom P'ship, …
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… WHICH WERE NOT PROPERLY DEVELOPED IN PCR COUNSEL'S SUPPORTING BRIEF OR ARGUMENT. POINT III – A REMAND IS … arguments requested by the defendant that the record will support." Therefore, counsel is obliged "to communicate with … advance all legitimate arguments that the record will support. If after 9 A-1883-14T4 investigation counsel can …
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… in the motion for summary judgment that the facts did not support a claim for third-party legal malpractice and … this case, a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … issue resolved first, followed by the summary judgment determination of the trial court." Ibid. The decision to admit …
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… which references were made in the affidavit 4 A-2751-16T3 supporting the issuance of the search warrant; failing to … these claims." Defendant submitted a certification supporting his petition, in which he represented that he … a PCR "petition itself must allege the facts relied on to support the claim."). Defendant first argues his attorney's …
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… were married in April 1972 in South Korea. They have two children, a son born in 1973, and a daughter born in 1976. … was "void of any factual data or scientific basis to support her diagnosis." 3 C.L. had filed an in limine motion … assaults and abuses. 3. Compensatory Damages "Final determinations made by the trial court sitting in a non-jury …
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… relaxing the five-year limitation period. I. Because the determination of whether the five-year time bar of Rule … only if a defendant establishes a prima facie showing in support of the requested relief. Preciose, 129 N.J. at 462. … plea "shall not [be] accepted[ed]" without the court's determination that "there is a factual basis for the plea." R. …
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… R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …