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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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… of parole ineligibility. Maldonado's factual basis supporting his guilty plea included 5 A-4621-16T2 statements … PCR courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … v. Pyatt, 316 N.J. Super. 46, 51 (App. Div. 1998).] These determinations are "best made" through an evidentiary hearing. …
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njcourts.gov
… will be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … from a "manifest lack of inherently credible evidence to support the 15 A-2588-17T1 finding, obvious overlooking or … of summary judgment motions, what must be presented in support of and in opposition to such motions, and the …
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njcourts.gov
… 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 …
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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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njcourts.gov
… 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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njcourts.gov
… 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. …
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A-10/11-24 New Jersey League of Municipalities et. al. Amicus Curiae Brief
Briefs
njcourts.gov
… and displacement by removing a significant number of his supporters" from the ward Gilmore previously represented. … There is no basis for the Court to find the Commission's determination to refrain from use of those statistical … of interest" mandate in view of the Supre1ne Court's determination that redistricting or reapportionment plans are …
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njcourts.gov
… 2020," counsel supplied no documentation to the judge to support this representation. In May 2020, Elsayed appeared … of the [SOL]. The established record before this court supports this inevitable conclusion. There was no response … be denied . . . accordingly is wholly without merit and unsupported by any rule or common law in the State of New …
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njcourts.gov
… another EUO of Cordova by January 13 and make a coverage determination within 30 days thereafter. Chubb's counsel Paul … surrounding the disqualification of counsel. "[A] determination of whether counsel should be disqualified is, as … Dinnocenzo "is the only person capable of testifying in support of Cordova's" bad faith and CFA violations claims. …
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njcourts.gov
… sought summary relief. Marjam opposed the motion. In support of its position, Marjam submitted invoices from its … previously appealed. II. We defer to the judge's factual determinations that are supported by substantial credible … State, 357 N.J. Super. 560, 590 (App. Div. 2003). "[F]ee determinations by trial courts will be disturbed only on the …
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njcourts.gov
… the pad outside the shelter, between the 6 A-0083-22 metal supports and the edge of the concrete, which he described … lack of warning were simply net opinions with no factual support in the record. Finally, in addition to arguing … the Authority maintained there was nothing in the record to support a finding that the Authority's actions or failures …
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njcourts.gov
… before this Court. PLEASE TAKE FURTHER NOTICE that in support of this Motion, Amici shall rely upon the attached Brief and any supporting papers relied upon herewith. Dated: December 20, … AND NEW JERSEY BUILDING AND CONSTRUCTION TRADES COUNCIL IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS Donald Scarinci, …
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njcourts.gov
… on the presence of the four "fake" kilos of cocaine to support his theory, as well as Sergeant Webb's testimony. … in the area of the V-shaped cut on the top of the kilo. In support of this argument, defense counsel noted … 542; Fritz, 105 N.J. at 52. We agree with the PCR judge's determination that defendant failed to establish counsel was …
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njcourts.gov
… to transfer venue from Hudson County to Bergen County. In support of that motion, Dr. Le's counsel certified that at … facts set forth in the certification filed by plaintiff in support of the motion for reconsideration, as well as the … in January 2022. There is substantial, credible evidence supporting the trial court's finding that plaintiff's causes …
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njcourts.gov
… abused his discretion in issuing excessive and unsupported fee awards. We agree and, accordingly, reverse and … Hager, 246 N.J. at 13. We review a trial court's fee determinations "with deference and will disturb them 'only on … see also Rendine, 141 N.J. at 335-37. [T]he trial court's determination of the lodestar amount is the most significant …
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njcourts.gov
… behalf of MPI and punitive damages on behalf of Morris. In support of their case, plaintiffs produced a report prepared … (App. Div. 2005). Proximate cause "'requires an initial determination of cause-in-fact' . . . [which] 'requires proof … A- 2653-20 11 The plaintiff then "must present evidence to support a finding that defendant's negligent conduct was a …