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… specific bequests were made to all three of decedent’s children, while the only bequest made to Plaintiff was a … finding that the election is necessary to provide adequate support of the surviving spouse during her probable life … is also evidence that would indicate Decedent intended his children to receive his one-half interest, which would …
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… on appeal. Ibid. The Director raises two arguments in support of its motion for relief. First, the Director … its federal income tax, provided however, that in the determination of such entire net income, . . . . (2) Entire … in the amount claimed, plus interest, was in error. In support of this contention, the Director points to page 17, …
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… further evaluation of the evidence to make an independent determination of value. The market approach (or using … elements of comparison”). Market evidence must support any element of comparison that causes “value … researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be …
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… incidents. Because the trial court made no findings of fact supporting its order, we reverse and remand for further … ability-to-pay hearing is interlocutory because no final determination respecting remediable non-compliance with the … by failing to make any findings of fact supporting its determination. R. 1:7-4. A trial court "must state clearly …
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… we afford no special deference to the trial court's determination 9 A-4358-15T3 of that issue. Hirsch v. Amper … ("[S]tate contract-law principles generally govern a determination whether a valid agreement to arbitrate exists." … of contract law." (citations omitted)). The record supports the trial court's determination that there was no …
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… make adequate findings of fact or appropriate credibility determinations. We disagree and affirm. I. We glean these … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 154 N.J. at 412). We defer to a trial judge's credibility determinations "because the trial judge 'hears the case, sees …
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… property was sold at a loss was 3 irrelevant to provide any support for the market value of the subject property. The … evidence…must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. Here, the plaintiff presented some …
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… for the moral and mental improvement of men, women, and children at 718 Baltic Ave Atlantic City, NJ 08401 under the … it is but one factor which merits consideration in the determination whether property is being used for charitable … by plaintiff. However, such circumstances must be fully supported by competent evidence to determine whether the …
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… asserts defendant failed to identify any legal basis to support a claim that a suppression motion would have been … a petition "upon the establishment of a prima facie case in support of post-conviction relief." R. 3:22-10(b). "A prima … Defendant fails to cite to any facts or caselaw to support the argument trial counsel should have filed a 13 …
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… Robert M. Mayerovic, attorney for appellant. Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, PC, … remains, [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente De Vida … Plaintiff contends Eaton v. Eaton, 119 N.J. 628 (1990), supports his claim that res ipsa applies to permit a …
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… the deal amounted to ineffective assistance of counsel. In support of this claim, defendant certified he did not … Our review is deferential to a PCR court's factual findings supported by sufficient credible evidence. State v. Gideon, … irrational behavior in rejecting the plea, generally supports his contention counsel should have considered …
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… "unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence … R. 2:11-3(e)(1)(E). Defendant acknowledges no authority supports his argument that a California penal statute5 …
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… for failing to raise the issue on direct appeal. In support, counsel supplied the October 2019 report of Dr. … and 'we will uphold the PCR court's findings that are supported by 7 A-0432-21 sufficient credible evidence in the … of . . . Dr. Taff confirm[ed]" trial counsel's belief. Supported by extensive citation to the trial transcript, …
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… not have standing to sue, the Plaintiff provided no legal support for that argument. As noted by Defense counsel, … class action. The efficiency and economy of litigation that support tolling of individual claims, does not support maintenance of untimely successive class actions ... …
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… found petitioner did not provide any information to support her belief that the OAL matter remained pending. The … the status of the OAL matter at this point may have supported their contention that they believed the hearing … in a particular field, we "need not defer to an agency's determination of a question of law not inextricably related to …
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… a golf cart within "a couple of months," and the Board's determination that RG did not make such a commitment was … v. Bd. of Rev., 152 N.J. 197, 218 (1997). An agency's determination must be sustained "unless there is a clear … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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… outweighed the non-existent mitigating factors. In support of aggravating factors three and six, the risk that … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assistance of counsel." Ibid. He must provide facts to support his allegations. Ibid. This is because there is a …
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… to amend its interrogatory responses and produce additional supporting documents without seeking leave of court. On … 59:4- 6, and discretionary immunity, N.J.S.A. 59:2-3(a). In support of its motion, 5 A-3837-21 defendant provided, among … "When 'a trial court is "confronted with an evidence determination precedent to ruling on a summary judgment …
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… instance: (1) "George and Ras claimed, without documentary support , that they were unable to post a bond," ibid.; (2) … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … ed. 1918)). We "decline to intervene [regarding a judge's determination of an appropriate equitable remedy] absent an …
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… March 30, 2023, leaving behind his wife Kriezl, four minor children, parents and a brother. Jason died intestate and … for their pain and suffering and loss of companionship and support due to Jason's absence in their lives; and (7) … substantial-credible- evidence standard to credibility determinations in a summary action). "At the conclusion of the …