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njcourts.gov
… about the risks and benefits of opioids were not supported by, and sometimes were directly contrary to, the … such outer limits." We review "de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … the following comments. Plaintiff's reliance on James to support the viability of his CFA claim based on a fraud on …
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njcourts.gov
… 209 N.J. 449, 467 (2012) (citing R. 4:50-1).] A court's determination under Rule 4:50-1 "warrants substantial … is in wrongful possession of the instrument. 9 A-0412-20 In support of its motion for entry of final judgment, plaintiff … after final judgment was entered, and offers no evidence supporting a meritorious defense to the foreclosure action. …
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njcourts.gov
… decision regarding the validity of a local board's determination, 'we are bound by the same standards as . . . … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, . . . or if it usurps power …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … eyewitness noted the light had been out for a while) may support an inference of constructive notice about the … to fall onto the floor. In the absence of record evidence supporting the possible application of the doctrine to the …
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njcourts.gov
… Linda would receive ten percent, and decedent's grandchildren would receive ten percent. The will revoked a 1999 … and conclusions of law, as required by Rule 1:7-4(a), in support of those orders. Fornaro, slip op. at 22. We … Because the record clearly supports the trial court's determination that Linda had reasonable cause to contest the …
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njcourts.gov
… findings based on live testimony so long as they are supported by "sufficient credible evidence in the record." … law and fact, [this court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] … which witnesses to call at trial is generally a strategic determination within counsel's discretion. State v. Coruzzi, …
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njcourts.gov
… diagnosis and treatment. Plaintiff does not contend this determination was incorrect. Instead, she generally argues the … the statement because it was unreliable. We see no support for this argument. Although several versions of 2 … evidence— the hospital laboratory blood serum report—to support his opinion of her level of intoxication. We …
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njcourts.gov
… also contended that his sentence was excessive. In a supporting brief, defendant further argued: (1) his claims … REMANDED TO THE PCR COURT FOR FURTHER CONSIDERATION AND DETERMINATION OF ALL THE ISSUES RAISED IN THE PCR PETITION. … we conclude they were either belied by the record or unsupported by any evidence of how the outcome of defendant's …
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njcourts.gov
… The court noted there was insufficient evidence to support a claim for $6.50 per square foot and there was no meeting of the minds to support a contract. As such, there was no mutual assent to support the claim of $6.50. See Newfield Fire Co. No. 1 v. …
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njcourts.gov
… certifications and completed a number of programs. In support of his motion, defendant also submitted two reports … 2022, and that the medical records defendant submitted in support of his motion did not contain an "opinion from any … ailments, "the results of the objective testing did not support his complaints." Judge Bachmann also observed that …
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njcourts.gov
… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … and a bench warrant, supported the sentencing judge's determination that a defendant had not led a law-abiding … assertion that his incarceration would be a hardship to his children, the PCR judge noted that "the [L]egislature …
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njcourts.gov
… N.J. at 12. Conversely, "[t]he absence of any evidence to support the charges would render the indictment 'palpably … sufficiently "secured" within the meaning of Olivero. To support his argument, defendant contends the sidewalk was … in defendant's merits brief, during his factual basis in support of his guilty plea, defendant clarified that the …
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njcourts.gov
… There is no basis to disturb the court's credibility determinations or its factual findings that support its judgment against Kalaba for compensatory … In this ruling, we part company with the court's determination. 10 A-3302-19 Punitive damages are appropriate …
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njcourts.gov
… the FRO. On appeal, defendant contends the trial court's determination that she committed the predicate act of criminal mischief was not supported by the evidence adduced at the hearing, and there … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
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njcourts.gov
… Id. at 367 ("The weight of prevailing professional norms supports the view that counsel must advise [the] client … the Strickland test. First, defendant failed to provide any supporting affidavit or certification attesting to the fact … deportation to be a "bare assertion . . . insufficient to support a prima facie case of ineffectiveness[,]" and we …
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njcourts.gov
… forced" him not to testify was a manufactured argument unsupported by the record. On appeal, defendant argues that: … was not explained. The record, however, simply does not support this claim. Trial counsel testified he explained the … defendant's was not. We defer to the court's credibility determination because he had the ability to hear and see the …
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njcourts.gov
… office's objection to defendant's admission. The prosecutor supported her objection by first citing to our decision in … who is gainfully employed, a married father of four young children who relied upon him for support, and who has no … N.J. 215, 225 (2002)). Our review of a prosecutor's PTI determination is limited because of the nature of the decision …
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njcourts.gov
… 2016, plaintiff sued defendants alleging negligence. In support of his claim, plaintiff retained Himad Beg, a … 136; Luchejko, 207 N.J. at 201-03. Moreover, public policy supports preserving the current rule because society has an … the imposition of a heightened duty, this contention is not supported by law. See Cogliati v. Ecco High Frequency Corp., …
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njcourts.gov
… was assigned counsel who filed a supplemental brief. In his supporting certification, defendant stated he "never wished … only upon the establishment of a prima facie case in support of post-conviction relief . . . [t]o establish a … Rather, "defendant must allege specific facts and evidence supporting his allegations" for the court to grant an …
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njcourts.gov
… deeded to the unit. Mattalian offered to give the Board any supporting documentation plaintiff had of his position. 1 … attached a lengthy explanation of his position, relying for support on portions of the POS and the contract between WMG … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. …