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njcourts.gov
… Mut. Ins. Co., 128 N.J. 165, 183 (1992). In making that determination, we look to "the actor's subjective intent to … whether there is a genuine issue for trial. Credibility determinations will continue to be made by a jury and not the … into evidence of an expert's conclusions that are not supported by factual evidence or other data." State v. …
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njcourts.gov
… to the taking of MMHP by condemnation. All agreed the determination of whether condemnation was proper would be … 6, 2018. The judge again thoroughly explained her reasoning supporting the denial of Mercer's dismissal motion. She … in this action; she did not just rely on her prior determination. As stated, her ruling is sound and supported by …
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njcourts.gov
… findings in a motion to suppress provided the findings are "supported by sufficient credible evidence in the record." … her subsequent reversal of that ruling. The audio recording supported the judge's initial denial of defendant's motion … the motion to suppress the out-of-court identification was supported by substantial credible evidence. The judge …
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njcourts.gov
… bids, 7 there was no violation because there is no evidence supporting the proposition that Defendant conveyed bid … like Penpac, where the court reasoned, “there is no support in law for the premise that a bidder’s unilateral, … “[t]he benefit of all inferences that those facts support.” Baird v. Am. Med. Optics, 155 N.J. 54, 58 (1998). …
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njcourts.gov
… materially greater interest than the chosen state in the determination of the particular issue and which . . . would be … between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is … 2510, 91 L. Ed. 2d 202, 211 (1986)). Defendants have not supported their allegations with any evidence and have thus …
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njcourts.gov
… Inc., Docket No. MON-L-4679-14, filed a submission “in support of” movant’s motion for partial summary judgment and … in that case filed a submission “joining with, and in support of” plaintiff’s cross-motion. For the reasons set … with the formalities of a deed.” I. Defendants’ Argument in Support of Their Motion Defendants argue that AGCA properly …
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njcourts.gov
… are in no way bound by the agency's interpretation or its determination of a strictly legal issue. US Bank, N.A. v. … to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … under subsection (3) and offered three rationales for its determination. We next separately consider the rationales, and …
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njcourts.gov
… in a suppression hearing "so long as those findings are 'supported by sufficient credible evidence in the record.'" … the trial judge made the following findings of fact supporting inevitable discovery: First, I find that dispatch … for his actions. We review the trial judge's sentencing determination for an abuse of discretion. State v. Blackmon, …
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njcourts.gov
… (1977)). A trial court may overrule a prosecutor's PTI determination only when the circumstances "clearly and … N.J.S.A. 2C:43-12(e)(7), (14), and (17). The record supports the judge's findings. Defendant also argues that … A-0459-16T3 Here, there is sufficient credible evidence to support Judge Bariso's findings on the aggravating and …
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njcourts.gov
… light of the applicable law, we affirm the trial court's determination. We do so substantially for the sound reasons … Blackstone affiliates would provide a guaranty or credit support. Upon learning this, PSEG requested in April 2015 … arbitration. PSEG amplified its contentions with various supporting certifications. If the trial court detected any …
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njcourts.gov
… of certain procedures, treatments and diagnostic tests, supported by the physician's clinical findings. See N.J.S.A. … Dr. Lazarus concluded he 11 A-3924-15T3 could not make a determination of medical necessity with respect to the … the insurer's agents to kill the insured and the insured's children . . . ." Id. at 475. [Endo Surgi Ctr., 391 N.J. …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., 229 … "by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Lavezzi v. State, … denying Stein's petition for rulemaking. The Commission's determination that New Jersey's AWS is an intra-state system, …
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njcourts.gov
… (3) deferred the issue regarding the lost note to determination on final judgment; 1 The summary judgment order … of a lost note. We acknowledge that contrary holdings supporting defendant's position have been reached by other … 5 The affidavit was attached to her certification in support of plaintiff's motion for summary judgment. …
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njcourts.gov
… legal principles. "Appellate review of an agency's determination is limited in scope." Circus Liquors, Inc. v. … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … or 8 A-4431-19 unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
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njcourts.gov
… two law firms "submit certifications of services along with supporting documents" in advance of the plenary hearing. … III. "Appellate review of a trial court's attorney fee determination is deferential. We will only disturb the trial court's determination on a showing of 'clear abuse of discretion' …
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njcourts.gov
… interpreted by DEP staff." Attached aerial photos appear to support petitioner's contention. DEP regulations prohibit … 127 N.J. 500, 513 (1992). Though not bound by an agency's determination of a purely legal question, we will give … considered either of these factors in making its determination. Before us, one of the principal arguments …
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njcourts.gov
… v. Levine, 382 N.J. Super. 181, 193 (App. Div. 2005). In support of their argument that the judge erred in dismissing … v. Luciano, 277 N.J. Super. 109 (App. Div. 1994) to support their contention. We are not persuaded. In … of review, and satisfied the judge's findings are amply supported by the record, we perceive no basis to disturb …
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njcourts.gov
… assault, and simple assault. There was evidence to support the third-degree burglary charge through Detective … of being a "snitch." There was nothing in the record to support defendant's present argument that he went to the … public." There was substantial evidence in the record to support the trial court's findings of aggravating and …
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njcourts.gov
… omitted). Our deference extends to a trial court's determinations based on the review of a video, like here, … at 380. We must uphold the court's findings when they "are supported by sufficient credible evidence in the record." … Having considered the judge's findings, which are supported by substantial credible evidence in the record, …
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njcourts.gov
… raised below, the court outlined ample and competent support for his determination that the second session was free and voluntary, … aggravating and mitigating factors found by the judge are supported by competent, credible evidence in the record. …