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… any facts during the course of discovery that would support a claim for liability. On July 27, 2016, the trial … his behalf. The judge found "no evidence in the record to support a finding" that defendants "knew or had reason to … We accord no "special deference" to a trial court's legal determinations. Manalapan Realty, L.P. v. Manalapan Twp. …
njcourts.gov
… 520, 540 (1995). We "must accept as true all evidence which supports the position of the party defending against the … plaintiff's injury was sufficiently immediate and direct to support a finding that it had 'control' of that elevator, … has control over it. Finally, plaintiff proffered evidence supporting an inference that Maik serviced the system on or …
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… local zoning, N.J.S.A. 13:13A-2(a), and "coordinate and support activities by citizens' groups to promote and … sense, the power to reconsider, to rehear and to revise determinations may be regarded as inherent in administrative … agencies. This power to reappraise and modify prior determinations may be invoked by administrative agencies to …
njcourts.gov
… the GPS device was issued on February 19, 2013. It was supported by the affidavit of that date by New Jersey State … v. Demeter, 124 N.J. 374, 380-81 (1991). A probable cause determination must be based on the totality of the … should pay "substantial deference" to the discretionary determination of the judge who issued the warrant. Sullivan, …
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… relied on deposition testimony submitted by plaintiff in support of its motion from three of plaintiff's employees. … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … on the issues, we need not address the trial court's determination regarding a de facto merger. Affirmed. … COOPER …
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… records. Defendant contends the medical records would have supported an argument that Spratt's death was the result of … were an "alternative theory of causation." However, in support of his PCR petition, defendant did not present an … to decide against testifying at trial. The record does not support defendant's argument. At trial, the judge questioned …
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… 2:11 p.m., his 1 Because the victim, Nelson Martin, and his children share a common surname, this opinion refers to them … In the first trial, the defense used the March 15 draft in support of its theory that Debler or Koons committed the … its apparent prejudice. [Id. at 338 (citation omitted).] Determinations on the admissibility of such evidence "are left …
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… history from the record reviewed by the Director of DMAHS, supporting both decisions. A. E.D. is an adult woman … the reasons for doing so must be clearly stated. Dep't of Children & Families, Div. of Youth & Family Servs. v. C.H., … Lists, 106 N.J. 508, 518 (1987). Such action involves any determination made without 17 A-4246-16T1 a trial-type …
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… never ruled on the State's argument the Witt exception supported the warrantless search of defendant's car. Based … of an inventory search. Despite the absence of any evidence supporting the lawfulness of an inventory search of … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… find no merit to this contention. 6 A-1207-19 Initially, in support of his contention, defendant identifies several … 479 (2017)). Even where we determine that an evidentiary determination constituted an abuse of discretion, "we must … court accepted defendant's representation about his having children and the need to support them. However, after …
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… the Difference Card was a form of insurance premium was supported by the record and fits within the terms of the … The Appellate Division found nothing in the record to support the FMBA's argument that lieutenants should receive … the arbitral award. We find that the arbitrator's award is supported by a reasonably debatable interpretation of the …
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… judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … State, 357 N.J. Super. 560, 590 (App. Div. 2003). "[F]ee determinations by trial courts will be disturbed only on the … perform its function of deciding whether the 15 A-3890-18 determination below is supported by substantial credible proof …
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… the court, we reverse. The competent evidence does not support the court's findings and ultimate legal conclusion … I'm looking for another place its just harder having the children. Also . . . my husband works out of state and is … knowledge which are capable of immediate 17 A-3555-17T1 determination by resort to sources whose accuracy cannot …
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… 2015 provide defendant "[n]ow wants a Krol"2 hearing. In support of his PCR claim, defendant presented the report of … a serious mental illness at the time of the incident to support a defense of insanity or diminished capacity." … at 592. Therefore, the record fully supports the court's determination that defendant should not have been allowed to …
njcourts.gov
… unilateral right to dictate arbitration or not has no support in the plain language of the [a]greements. . . . … clear that the parties would arbitrate with the AAA. In support of their argument, plaintiffs only cite to one case, … brief, plaintiffs also contend that the agreements were not supported by adequate consideration. However, plaintiffs …
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… January 20, 2017, plaintiff filed a complaint seeking a determination that it acquired a "good and valid" construction … actual work performed and billed accordingly. II. "'Final determinations made by the trial court sitting in a non-jury … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant …
njcourts.gov
… did not waive her right to contest Realty's assertions in support of its cross-motion. See O'Keeffe v. Snyder, 83 N.J. … for the purposes of [her] motion that do not carry over and support the motion of [her] adversary"). 4 A-0663-18T1 from … Div. 1986)). In Pingaro, we reversed the trial court's determination that comparative negligence applied where a …
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… adduced at the municipal court trial were sufficient to support defendant's DWI conviction based on observational 6 … the matter again, we stressed the heightened need for a determination of the State's observational case considering … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… for a new trial. The parties submitted briefs in support of their respective positions and presented oral … concept of an "unjust result" does not imply a judicial determination of defendant's innocence. Rather, the absence of … We derive the following facts from the judge's findings, as supported by the record developed during the trial. I. …
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… for the Herzog defendants at an earlier hearing in support of the initial plans. Kennel prepared a traffic … dated January 17, 2020, the judge denied the motion. In a supporting oral opinion, the judge dismissed plaintiff's 4 … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …