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… entitled to summary judgment because the inferences of fact support imposing a duty of care on Graybar. We reject that … 135 N.J. 182, 194 (1994)). "Foreseeability requires a determination of whether the defendant was reasonably able to … none of the factors for imposing a duty of care support imposing a duty on Graybar for plaintiff's injuries. …
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… WITHOUT AN EVIDENTIARY HEARING. The factual and legal determinations made by a PCR court are reviewed de novo when … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … is required to make more than a bald assertion and a unsupported reference to grand jury testimony to establish …
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… defendant's lack of knowledge of the law does not serve to support excusable neglect. See State v. Murray, 162 N.J. … was untimely and that he failed to demonstrate facts supporting "excusable neglect" and "entitle[ment] to … defendant has failed to assert reliable material facts supporting that plea counsel's performance prejudiced his …
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… placing defendant at the scene of the shooting and to support the jury finding defendant was guilty of the weapons … presented by the State. Sufficient evidence exists which supports the jury finding [defendant] guilty of the weapons … the first Strickland prong. The record supports that determination. We 11 A-3715-22 are also satisfied that …
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… Frost, Jr., and Justin M. Ginter, on the brief). Fox Rothschild LLP, attorneys for respondent Carl Oxholm, III (R. … and Counselman, there were no suspicious circumstances to support a finding of his undue influence on her decision to … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. See Camden 8 …
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… arguing "[t]he [ALJ] made adequate and reasonable factual determinations based on the record before it." Dadura posited … capricious[,] or unreasonable, or that it lacked fair support in the evidence, or that it violated legislative … the notion that "past misconduct can be a factor in the determination of the appropriate penalty for present …
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… Giving "due regard to the municipal court's credibility determinations," the Law Division judge determined the … Act. According to defendant's reading, the Act requires a determination that the dog poses a threat at the time of trial … resolved by the trial date. Defendant provides no legal support that the "critical date" for evaluating a dog's …
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… 22, 2012, defendant filed a pro se PCR petition. In his supporting certification, defendant alleges: 7. During the … of the community. Defendant cites State v. Anderson in support for his argument, which noted "residency … selected"). Moreover, the record supports the PCR court's determination that K.M. was qualified to serve as a juror in …
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… included in the New Jersey 3 A-4347-16T4 The Office's determination required the County, pursuant to N.J.A.C. 7:4- … policies"; (2) "the record contains substantial evidence to support the findings on which the agency based its action"; … the record reviewed by the assistant commissioner fully supports his decision. The record presented to and reviewed …
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… calendar. They asked for oral argument on the motion. In support of the motion, plaintiffs submitted certifications … Defendants requested oral argument on the motions. In their supporting brief, defendants noted that plaintiffs had not … dismissals under Rule 4:37-1(a), even though the determination was not the result of an order or a final …
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… (Third) of the Law Governing Lawyers § 75, cmt. e). Support for the bilateral control rule may be found in case … policy rationale for attorney-client privilege is supported by the "encouragement of free and full disclosure … . . . Thus, we conclude that the bilateral control rule and supporting caselaw means that although the privilege can be …
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… Further, according to the judge, while the case did not support the court finding a statutory presumption of … is sufficient credible evidence present in the record to support the findings of the Law Division judge," ibid., and … there was insufficient credible evidence in the record to support the judge's finding that the iPhone was valued at …
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… of the trial judge unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … therefore examine whether "there is substantial evidence in support of the trial judge's findings and conclusions." … the limits of credulity. The trial court's factual findings support its legal conclusion finding the agreement legally …
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… and I could see why it did not give [plaintiff] any support." 5 A-4925-17T2 Over the years, plaintiff had … years. He testified at his deposition that the posts that supported the handrails "go[] into the stairs." He explained … 242, 249 (1986)); accord R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as …
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… liens MHI filed against LeClair's property pending the determination of MHI's authority to assess charges and fees … legal principles, we conclude that there is ample evidence supporting 10 A-4979-15T2 the trial court's findings of … entered after trial. We must defer to the judge's factual determinations, so long as they are supported by substantial …
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… police and had pointed his gun at one of the officers. In support of that defense, defendant's counsel asserted that … we agree with the merger argument. We review sentencing determinations under a deferential standard. State v. Grate, … of this case. We discern no abuse of discretion in that determination. We also discern no abuse of discretion in the …
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… Code, Section 296-37, entitled "Repair of Sidewalks," in support of their argument. The Township's municipal code … accident regarding the sidewalk. Nothing in the record supports plaintiffs' claim that the Township knew about the … jury. Brown v. Brown, 86 N.J. 565, 580 (1981). However, a determination of palpable unreasonableness, "like any other …
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… daughter, and Y.G., his girlfriend and the mother of his children, to get into the family minivan. He then drove … foot. Y.G. was in the front passenger's seat with the children in the rear passenger's seat. N.I. then sped away. … that defendant fired a gun at and into the minivan was not supported by "independent witnesses or crime scene evidence" …
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… American Civil Liberties Union of New Jersey (Fox Rothschild LLP, attorneys; Jacob Schermerhorn Perskie, of counsel … Safety, 421 N.J. Super. 489, 497 (App. Div. 2011). "[D]eterminations about the applicability of OPRA and its … the sufficiency of the agency's proofs submitted in support of its claim for nondisclosure, "a court must be …
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… were not within her control, we reverse and remand for a determination of benefits for the week of December 23 through … did not submit any phone records or confirmation pages in support of her assertions. The deputy, in a determination mailed January 11, 2019, found Keeler ineligible …