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njcourts.gov
… which it claims raise material issues of fact that would support its fraud allegations. First, plaintiff notes that … why the referral [was made]." Plaintiff argues, without any supporting certification from a Wells Fargo representative, … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
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njcourts.gov
… judgment and an order striking defendant's answer. In support, plaintiff certified that prior to the commencement … Defendant does not allege any additional facts to support his affirmative defenses in his [a]nswer, nor does … Co., 104 N.J. Super. 265, 272 (Ch. Div. 1969), and such a determination "is a fact-sensitive issue." Toll Bros., Inc. v. …
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njcourts.gov
… 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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njcourts.gov
… land is the portion of the land that is unnecessary "to support the existing improvement and cannot be separated … of a particular use and that which is not necessary to support the existing improvements." Schimpf v. Little Egg … 46 (App. Div. 1990). But "we review the Tax Court's legal determinations de novo." Alcatel-Lucent USA Inc. 17 A-1738-20 …
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njcourts.gov
… 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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njcourts.gov
… "at no point does [appellant] argue, with any factual support or specificity, a second unlawful action taken by … The judge also found appellant "offered no factual support for claims of unlawful activity" and had "failed to … behavior at the expense of the homeowner." The record amply supports these conclusions. Moreover, appellant was not …
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njcourts.gov
… 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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njcourts.gov
… was arbitrary, capricious, and unreasonable and not supported by sufficient credible evidence in the record. II. … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue." Ibid. (quoting … credible evidence in the record to support the Board's determination that Severns's encounter with the armed suspect …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… injury. The Board also found there was no evidence to support Slater 's contention that her disability was a … was too vague to allow Dr. Lin to make a reliable determination outside the five-year window, the applicant must … treatment. Accordingly, the Board found that there was no support in the record for Slater's claim that the accidents …
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njcourts.gov
… Hartz also takes issue with the trial court's credibility determinations. In our prior opinion we summarized the matter … the "findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence" in … court and did not opine as to the correctness of that determination. This court assumes, therefore, that this remand …
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njcourts.gov
… al, Defendants. 2 Plaintiff filed a reply brief in further support of Plaintiff’s Cross-Motion to strike Defendants’ … jurisdiction, . . . a plaintiff must allege facts to support his or her claim rather than merely reciting the … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted.” Reider, …
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njcourts.gov
… court and did not opine as to the correctness of that determination. This court assumes, therefore, that this remand … of an expert's testimony. Ibid. Further, central to any determination in all litigation, and in this case in … issue, the position advanced by the NHSA is more credibly supported than the position adopted by Hartz. Here, to …
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njcourts.gov
… (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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njcourts.gov
… II. If "a trial court is 'confronted with an evidence determination precedent to ruling on a summary judgment … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, … omitted). "That is, an expert's bare opinion that has no support in factual evidence or similar data is a mere net …
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njcourts.gov
… petition, and was assigned counsel who submitted a brief supported by defendant's four-page certification dated July … claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 N.J. at … implicitly requires "that counsel abide by a client's determination, after a plea of guilty has been entered, to …
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njcourts.gov
… has provided no competent or probative evidence to support its claim that its response could not be considered … Point III.B. Defendant's counsel put forward claims in support of the summary judgment motion that are not supported by the record but referenced by the court when …
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njcourts.gov
… or return to the scene. Finally, there was no evidence supporting defendant's claim that he hit a deer on Route 19. … we conclude that the State presented sufficient evidence to support the jury's verdict finding defendant guilty beyond a … and Fernandez-Minaya were "physically helpless." In support of his argument, defendant relies upon State v. …
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njcourts.gov
… of an accessory apartment over the existing garage. In support of 4 A-3906-15T1 the application, B&B provided the … at the designated site with the municipality's contrary determination about the permitted uses as expressed through … plan. 14 A-3906-15T1 The record supports the judge's determination that B&B satisfied the negative criteria by an …