-
njcourts.gov
… evidence." Ibid. As long as the board's actions are "supported by substantial evidence in the record, [we are] bound to affirm that determination." 62- 64 Main St., 221 N.J. at 157. "When … decision regarding the validity of a local board's determination, 'we are bound by the same standards as was the …
-
njcourts.gov
… for the Plaintiff. The factual evidence at trial does not support the necessary element that the check was deposited … counsel previously submitted the following eight cases support the position that Plaintiff has a valid claim … has not introduced any evidence to the contrary to support a position that TD Bank is liable to the Plaintiff …
-
njcourts.gov
… an attorney for defendant, and counsel filed a brief in support of the petition, arguing that defendant's petition … 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 …
-
njcourts.gov
… R. 4:18- 1(b)(2). Counsel for Gillikin certified in support of a subsequent motion to dismiss that "[t]he … with prejudice pursuant to Rule 4:23-5(a)(2). In a supporting certification, defense counsel averred defendants … production, and compel defendants' depositions. Plaintiff supported the cross-motion with his own certification, a …
-
njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of law and fact, [we] give[] deference . . . to the supported factual findings of the trial court, but review[] …
-
njcourts.gov
… denied Five Star's setoff request because it was not supported by documentary evidence. The 6 A-2336-14T2 court … 9 A-2336-14T2 Our standard of review of the trial court's determinations following a non-jury trial is a limited one. … in its written decisions. We defer to the court's factual determinations, regarding the claims and credits sought by …
-
njcourts.gov
… to vacate his guilty plea. A certification submitted in support of the motion asserted he is not fluent in English … deportation consequences of his plea. That argument is unsupported by an affidavit as required by Rule 3:22-10(c), … terms of the plea agreement as "a bald assertion, unsupported by the facts in the record." He included excerpts …
-
njcourts.gov
… could never find O'Neill's conduct to be reckless is not supported by the totality of the evidence before the court. … to minors, there are sufficient factual disputes which support submission of this matter to the jury. B. The … subject to the heightened standard. To the contrary, our determination is in accord with and embodies the persuasive …
-
njcourts.gov
… the trial court's decision so long as those findings are "supported by sufficient credible evidence in the record." … that "there was substantial credible evidence to support the findings of the motion judge that the . . . … in question was involved in criminal activity. Such a determination can be made only through a sensitive appraisal …
-
njcourts.gov
… sentences even though a majority of the Yarbough factors support concurrent sentences." Id. at 427- 28. Here, the … imposed consecutive sentences, and provided the reasons supporting her sentencing decision. B Defendant further … and applies the mitigating and aggravating factors supported by the record, and explains how he or she arrived …
-
njcourts.gov
… you an explanation. You don't have a past. You don't have children together. . . . . And . . . you had . . . I guess … 'findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence.'" … a purpose or intent to harass another is integral to a determination of harassment. State v. Hoffman, 149 N.J. 564, …
-
njcourts.gov
… by [Aqua Terra], [PAG's] own expert's report and testimony supports granting summary judgment in [Aqua Terra's] favor. … [we] [afford] no special deference to the legal determinations of the trial court." Templo Fuente De Vida, 224 … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
-
njcourts.gov
… Corporations 1-10, John Does 1-10, and Jane Does 1-10. In support of his claims, Emanuel retained two liability … court granted due to the lack of an expert report to support the malpractice and negligence claims. Because we … into evidence of an expert's conclusions that are not supported by factual evidence or other data." Polzo, 196 …
-
njcourts.gov
… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … contexts, we have recognized a strong public policy in support of citizen cooperation with law enforcement, even … that the bank's employee was racially motivated, that supports his LAD claim. The assumption that the man standing …
-
njcourts.gov
… of Record When Viewed in a Light Most Favorable to Dyke Supports His Malpractice Claims Against the Respondents. B. … are permitted when plaintiffs allege "particular facts in support of their claims of attorney incompetence . . . ." … was woefully insufficient in terms of both alimony/spousal support and equitable distribution.'" 376 N.J. Super 29, 34 …
-
njcourts.gov
… petition consisted of "bald assertions" not sufficiently supported by the record. 7 A-3404-19 This appeal followed in … argues: I. THE POST CONVICTION RELIEF JUDGE ERRED IN HIS DETERMINATION THAT TRIAL COUNSEL PROVIDED EFFECTIVE ASSISTANCE … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
-
njcourts.gov
… (App. Div. Nov. 4, 2015) (slip op. at 9).] We also find no support in the record for defendant's remaining claims, … certifications, or other competent proofs necessary to support his claim that he was incompetent to stand trial. … that provides the predicate for a claim of relief" to be supported an "affidavit or certification pursuant to Rule …
-
njcourts.gov
… as defendant's "former girlfriend [and] the mother of his children." We identify the victim by her initials to protect … misleading, willfully false and inaccurate testimony, unsupported by evidence as to the "assaulting [of] the alleged … by the PCR judge to identify what evidence in the record supported his claim of gender bias by his former defense …
-
njcourts.gov
… or, alternatively, for a new jury trial limited to a determination of "nominal damages." The judge granted … the matter for a new trial, limited to a 4 A-4497-18 determination by a jury on the amount of nominal damages, if … Chase, about its connectivity capabilities and customer support services. These problems were related to the damage …
-
njcourts.gov
… at 8. On remand, defendant raised a number of arguments in support of his petition. With specific reference to the … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …