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… dismiss were brought pursuant to Rule 4:6-2(e), they were supported by exhibits outside the pleadings themselves, for … River Property Owners' Association, 37 N.J. 433 (1962), supported a finding that defendants operated a public … statements or unreported cases plaintiff cites in her brief supports the conclusion that the BPU or any other agency has …
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… and second- degree endangering the welfare of children, N.J.S.A. 2C:24- 4(a)(1), upon his granddaughter, … 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 8 …
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… order upholding defendant's convictions. We affirmed that determination in State v. Chen, No. A-2710-11 (App. Div. Aug. … would have been different given the overwhelming evidence supporting the conviction." As to appellate counsel, citing … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
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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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… the State's motion was untimely; the decision lacked support of sufficient credible evidence in the record; and … (allocating burden and standard of proof). The court's determination that defendant poses a threat to the public … unearthed would have materially affected her credibility determinations, and resulting fact-findings. To the extent not …
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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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… to reinstate the parties' claims. In a certification in support of the motion, the Perezes alleged that following … intended to be payment to Restoration for its work. In support of its cross-motion, Restoration submitted … Because the underlying pleadings were dismissed without a determination of any party's entitlement to the funds …
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… at 746). However, "if the complaint states no claim that supports relief, and discovery will not give rise to such a … we review dismissal of plaintiff's claims. The record amply supports the trial court's conclusion that the complaint … procedural requirements prior to making a binding legal determination, which directly affects the legal rights of a …
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… ($425,000 less $200,374.33 in payments remitted). Plaintiff supported its motion with its attorney's certification and … federal and New Jersey state legislative and/or executive determinations have been made that provide equitable relief to … Suffice it to say that we agree with Judge Grasso Jones' determination that defendants did not provide any proof to …
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… our opinion on direct appeal: The record overwhelmingly supports a finding of co- conspirator liability for murder. … arguments requested by the defendant that the record will support. If defendant insists upon the assertion of any … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" …
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… to protect plaintiff Z.A.S.C. Because those findings are supported by substantial credible evidence, we affirm the … called his mother. The parties married in 2015 and have two children. In August 2019, plaintiff filed for divorce, but … burn the marital home and their vehicles and leave the children homeless. Defendant also told plaintiff: "[I]t only …
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… to stop defendant, defendant's conduct at the stop supported the pat down, and Harper seized the gun under the … to a motion judge's factual findings "so long as [they] are supported by sufficient evidence in the record." State v. … revolver with several rounds in the chamber. Factors supporting an articulable and reasonable suspicion include a …
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… moved to vacate the default foreclosure judgment. In support, one of plaintiff's partners, Ethel Roerdomp, … of misrepresentation by a municipal employee lacked any support; and (3) plaintiff was on constructive notice of … the appeal is untimely, the Borough's motions were unsupported by any factual evidence, and the Borough is not an …
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… for his alcohol abuse. In a certification submitted in support of his PCR petition and motion to withdraw from his … Defendant has done so by virtue of the documents which support his petition. Additionally, in his certification, … 373. Doing so, we do not agree that the record on its face supported defendant's automatic rejection from PTI. That no …
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… regarding an aggravating factor which did "not appear to be supported by the record." Id. at 4 A-0729-19T4 17. We … productive. Defendant's certification offered no facts to support the assertion that trial counsel was disinterested … PCR certification to the contrary was a bald assertion unsupported by the record or any other facts to support the …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … that the trial court's decision constitutes a legal determination, we review it de novo." D'Agostino v. Maldonado, … that the probate court's judgment rests solely on its determination the deed is invalid. We disagree. We do not …
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… year time limitation. The judge rejected defendant's unsupported contention that "he was not provided with … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… written by-laws. 3 A-1256-19 In 2015, RSC could no longer support itself financially and discussed a potential merger … the facts and failed to provide adequate reasons in support of his summary judgment decision. We disagree and … for summary judgment is unable to file fully responsive supporting papers because critical facts are particularly …
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… of the permit[']s issuance." Judge Brennan found sufficient support in the record for the Board's determination that plaintiff knew of the issuance of 6 … Div. 1979)). The Board's "function is to make the factual determination as to when an appellant knew or should have …
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… 398 N.J. Super. 574, 599 (App. Div. 2008). The record supported the court's findings. Defendant's letter to the … and that this is the first Superior Court conviction hardly supports a finding of any kind of law[-]abiding life." … N.J. Super. 390, 397 (App. Div. 1991)). The record does not support the defense claim the court failed to consider the …