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… hearing, having established a prima facie claim. In support, he cited to counsel's failure to provide him with … barred by Rule 3:22-4, primarily based upon our earlier determination that defendant's sentence was not excessive and … that we otherwise agree with the PCR court's overall determination that defendant's contentions on PCR failed to …
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… never received notice of the October 22, 2019 sale date. In support of her application, defendant provided a … Health Servs., 146 N.J. 614, 621 (1996). Thus, the record supports the judge's finding that plaintiff complied with …
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… service was improper, but made no findings on the record to support its order. The court imposed certain conditions on … for relief under Rule 4:50-1. II. We review a court's determination under Rule 4:50-1 for an abuse of discretion. … from which trial court could infer excusable neglect or support the finding that Adar Aleph made "an honest mistake …
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… his training to become a naval officer. 5 A-3144-20 supported by substantial credible evidence." Ibid. (quoting … contained a compelling narrative from the applicant in support of his petition, his commendable personal history …
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… on the physical properties of glass was not required to support plaintiff's claim that a negligently held a glass … correctly found that plaintiff needed a liability expert to support his claims. Because he failed to provide such an … expert report within the discovery period, his claims are unsupportable at a trial and were appropriately dismissed. …
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… THE EXACT SAME DESCRIPTION. Because the State's evidence supports the trial judge's factual findings, and there was … 249, 263 (2015). We reject defendant's argument as without support in the record. Judge Torregrossa-O'Connor heard the …
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… 39:4-50.2, defendant argues that the evidence does not support the statutory requirement of "operat[ing]" the … the factual record supported the Law Division judge's determination that defendant was "operating" the motor vehicle … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… failed to demonstrate extraordinary circumstances to support her untimely request for arbitration, we affirm. … to vacate the dismissal and reinstate her complaint. In support of that motion, plaintiff's counsel submitted a …
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… the court's findings of fact and conclusions of law in support of its order appears in the record. The Board filed … in extending the twenty-day deadline on the motion is unsupported by the record. The trial court's May order … deadlines for additional submissions from the parties in support of their respective positions. Any of the Board's …
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… defendant breached its duty to her and could not support her claim of negligence. In response to the motion, … 1985)). As required, the trial judge made a "preliminary determination as to whether the alleged condition [was] in … a dangerous condition could be left to a jury for its determination. However, plaintiff has not demonstrated …
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… pat- down search of his left-hand jacket pocket was not supported by reasonable and articulable suspicion defendant … deference to a trial court's factual and credibility determinations when reviewing an order in a suppression … great deference afforded a trial court in its credibility determinations, we conclude defendant presents insufficient …
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… factual findings" and "uphold[s] . . . findings that are supported by sufficient credible evidence in the record." … . . ." R. 3:21-10(b)(1). The motion must be "accompanied by supporting affidavits and such other documents and papers …
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… merger of the two lots for zoning purposes was not supported by law. Judge Ford observed that the purpose of … findings of fact after a bench trial will be upheld if supported by competent, relevant, and reasonably credible …
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… the conduct alleged to be in violation of public policy] to support the conclusion that his/her discharge violates the … the conduct alleged to be in violation of public policy] to support the conclusion that his/her discharge violates the …
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… whether the facts and circumstances shown by the evidence support an inference, and you are always free to draw or not … whether the facts and circumstances shown by the evidence support an inference, and you are always free to draw or not …
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… that the insurers had not submitted sufficient evidence to support their claims for reformation of the policies. The … by the United States Court of Appeals for the Fifth Circuit supports its interpretation of the policies and that the … to as Appleman’s Rule. Id. at 460-63. In reaching that determination, the court rejected, among other arguments, …
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… Plaintiff could have discovered the facts necessary to support their claims no later than August 2013. Inferences … did not engage in the necessary fact-finding inquiries to support its claims until the statute of limitations had run. …
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… to those factual findings "so long as those findings are supported by sufficient evidence in the record." State v. … to defer to clearly mistaken findings . . . that are not supported by sufficient credible evidence in the record." … Locurto, 157 N.J. at 474. Hence, we affirm the court's determination of voluntary consent. The consent of a third …
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… so long as" there is sufficient and credible record support. State v. Elders, 192 N.J. 224, 243 (2007). "[A]n … same deference – 7 A-4612-16T2 "appellate review of legal determinations is plenary." State v. Handy, 206 N.J. 39, 45 … findings of the judge at the suppression hearing, or his determination that Lao was more credible than defendant. After …
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… or assigned duties." Petitioner appealed the Board's determination. The determination was upheld following a hearing before an … to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …