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… had any documents "other than the May 6[], 2019 e[]mail" to support her estoppel argument, EC's counsel admitted she did … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' or if … Similarly, we discern no reason to disturb the judge's determination that the May 6, 2019 email did not provide a …
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… further determined plaintiffs required expert testimony to support their newly-minted claim the retaining wall caused … Div. 1991), aff'd, 260 N.J. Super. 518 (App. Div. 1992), to support their claim the existence of the retaining wall on … that later froze and caused Maria Guartan's fall is supported by nothing more than photographs showing a …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … by "bare conclusions in the pleadings without factual support in affidavits," "self- 8 A-3059-21 serving … lien against defendant. Defendant contends the facts which support these claims create a genuine issue sufficient to …
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… for the defense. The trial court made credibility determinations, finding Geletei and Jones credible, but … We see no basis to disturb the trial court's well-supported reasoning. The two cases plaintiff cites, … motion, "a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion …
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… arbitrary, unreasonable, or capricious action, or a lack of support in the record, the agency's final decision will be … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Richardson, 192 N.J. …
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… of Maria's estate. The beneficiaries were her sons and grandchildren with each grandchild receiving $25,000, plaintiff receiving $1, and Aldo … for various reasons he wasn't as active in giving comfort, support, or assistance to Maria in 2020 as he had been …
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… home address. According to counsel's certification in support of the motion, "[t]he certified green card [for the … subpoena served on his wife. In a certification filed in support of that motion, Ardolino stated he "[did] not recall … argument, the court entered an order denying the motion supported by an oral opinion. The court found Ardolino was …
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… sale. However, there is nothing contained in the record to support this representation. 5 A-2590-22 hearing on … first trial court considered defendant's certification in support of his OTSC application, which addressed his … respect to the two orders before us. [A] trial court's determination "will be left undisturbed unless it represents a …
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… leave to file a late notice of claim on July 12, 2017. In support of his motion, plaintiff provided his medical … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … and necessarily leaves it for a case-by-case determination as to whether the reasons given rise to the …
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… waived when the party failed to include any arguments supporting the contention in its brief). The trial court … WAS UNCONSCIONABLE OR WAS ENTERED WITHOUT CONSENT WAS NOT SUPPORTED BY ADEQUATE FINDINGS OF FACT AS REQUIRED BY R. … v. Marinaro, 95 N.J. 380, 392 (1984)). "The trial court's determination under the rule warrants substantial deference, …
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… 82 N.J. 1, 18 (1980). Reviewing courts "will not upset a determination by the Commission in the absence of a showing … capricious or unreasonable, or that it lacked fair support in 8 A-0892-17T2 the evidence, or that it violated … as there was substantial credible evidence in the record to support the ALJ's and Commission's conclusion that he failed …
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… 6 A-1719-17T1 failed to provide any documentary evidence to support the assertion that the remediation costs were paid. … $250,000. Second, defendant argues that the judge's determination that the NFA letter satisfied the … than what was awarded. Our review of the trial court's determinations following a non-jury trial is a limited one. …
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… seeking reconsideration of the April 28, 2017 order. In support of that motion, the State filed three certifications … trial court also issued a written statement of reasons in support of its September 14, 2017 order. II. Claimants … Appellate courts grant "substantial deference" to a determination to vacate a judgment under Rule 4:50-1 and will …
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… of healing." Dr. Okin then attempted to provide further support for his opinion, when he added, "Also, the mechanism … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … that Dr. Okin's net opinion testimony impacted the jury's determination of the critical issue in the case, a new trial …
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… findings after the suppression hearing, as they were supported by sufficient credible evidence. See State v. … (2010) (finding defendant's association with gang members supported reasonable suspicion of carrying concealed … flight "in combination with other circumstances . . . may support reasonable and articulable suspicion"). Under the …
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… POINT I: [DEFENDANT] IS NOT GUILTY OF REFUSAL. In support, she argues that her hearing impairment prevented … and gave deference to the municipal judge's credibility determinations. After weighing the evidence "de novo[,]" the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the following limits on liability provisions: 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a … "a reasonable examination of the title" so as to make "a determination of insurability of title in accordance with …
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… finding aggravating factors one and two: In this matter, supporting those factors, by the facts on this case, the … emphasis on two crimes and two attacks was central to its determination to impose consecutive sentences under Yarbough. … number three, the risk of re-offense. The court based its determination on defendant's record, including her "lack of …
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… only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … by reference to the existing record, and a 6 A-3201-15T3 determination that an evidentiary hearing is necessary to …
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… was reasonable under prevailing norms." The judge found no support in the record of unprofessional errors or that the … only upon the establishment of a prima facie case in support of post- conviction relief[.]" R. 3:22-10(b). "To … "We accord substantial deference to the discretionary determination resulting in the issuance of the warrant." State …