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… witnesses. Judge DeLuca made detailed credibility determinations as to each witness and reviewed the written … agreement. On appeal, plaintiffs challenge the judge's determination that the parties had an enforceable oral … the parent company of MFC; and the facts did not support a finding that the parties agreed to all material …
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… se submission, defendant presented numerous arguments in support of his claim that trial counsel was ineffective. The … to testify, to consult or retain a handwriting expert to support a claim that he did not write the letter, and to … to the defense. 15 A-2916-18T4 Defendant also provided in support of his PCR petition a report from a handwriting …
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… found that all the information included in the affidavit in support of the search warrant was lawfully obtained. The … findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … four feet wide and three feet deep. All those findings are supported by substantial credible evidence in the record. …
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… respondents purchased the Cispharma shares. The record supports the judge's conclusion that the Purchase Agreement … However, appellants did not provide sufficient factual support for the claim that respondents breached this … Agreement and Cispharma's shareholder agreement. In support of this allegation, appellants cite claims Desai …
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… for appellants (Gary F. Piserchia, on the brief). Fox Rothschild, LLP, attorneys for respondents (Eric Wood, on the … evidence, defendant made arguments to the jury that were unsupported by the evidence, and defense counsel made improper … reasonable minds might accept the evidence as adequate to support the jury verdict." Dolson v. Anastasia, 55 N.J. 2, 6 …
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… is entitled to a charge on all lesser included offenses supported by the evidence." State v. Short, 131 N.J. 47, 53 … and others from violating the law. Those findings were supported by credible evidence. The court also found … history. Finally, defendant has presented nothing to support her arguments that her sentence was excessive as …
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… facts that you receive. It's up to you to make that final determination. You are the final arbiter of the facts and the … (quoting Papasavvas, 163 N.J. at 625). In making this determination, we consider several factors, including whether … aggravating factors found by the trial court were properly supported by competent evidence in the record. Instead, he …
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… and M.N. and K.C., part-time caretakers for the parties' children. See N.J.S.A. 2C:25-29(b)(7) (authorizing restraint … this five-month period, allegedly because the nanny and the children allowed or invited him into the house. The parties … S COMPLAINT FOR A FINAL RESTRAINING ORDER WAS “MANIFESTLY UNSUPPORTED BY OR INCONSISTENT WITH THE COMPETENT, RELEVANT …
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… to trial." The judge concluded that the record did not support defendant's contention that trial counsel's error … in him taking a 'worse deal' by proceeding to trial are unsupported due to [defendant's] refusal to listen to his … arguments requested by the defendant that the record will support. If defendant insists upon the assertion of any …
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… itself. The motion to enter default judgment was also supported only by an attorney's certification that, a … it was served with a motion for entry 7 The certification supporting defendant's reconsideration motion asserted that … (1960). When a movant fails to present evidence that would support any of the first five subsections of Rule 4:50-1, …
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… ineligibility. We are convinced, however, that the record supports Judge Kazlau's finding that defendant was not … his maximum sentence exposure was not credible. The record supports the judge's findings. Defendant also argues that … file a PCR petition. The record supports the PCR court's determination that defendant had 16 A-3766-19 not been denied …
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… in its interpretation of the contract and remand for a determination of the fee award. We reverse the denial of … because the denial was conclusory and not sufficiently supported by factual findings, and we remand for further … denial of plaintiff's fee application and remand for a determination of the fee award consistent with Rendine v. …
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… were not required under Medicaid regulations for a determination of Medicaid eligibility; (2) the CWA's ten-month … ordinarily should not disturb an administrative agency's determinations or 7 A-0433-19 findings unless there is a clear … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." Ibid. A presumption of …
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… summary judgment. In its statement of undisputed facts in support of its motion, the City discussed the … Motorists Ins. Co., 128 N.J. 188, 197 (1992). "A later determination that the claim against the insured is without … claims. Hebela, 370 N.J. Super. at 274.4 We remand for a determination of those fees. Reversed and remanded. We do not …
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… complaint,3 and remanding the matter to the Board for a "determination as to the nature of the preexisting use, prior … 15, 2017, plaintiffs moved to invalidate the Board's determination that a pre-existing nonconforming use permitted … 610 (App. Div. 1998)). As long as the board's actions are "supported by substantial evidence in the record, [we are] …
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… command that a sentencing judge 'take into account how children are different, and how those differences counsel … State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for Judge Tarantino's conclusion that … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… statement, although she did not file a certification in support of the motion refuting it. According to the report, … record. Procedurally, plaintiff asserts the judge's determination of the accrual date is not a final order within … standards of review guide our analysis. Initially, the determination of the accrual date of a tort claim under the …
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… REFERENCE TO THOSE ASPECTS OF THE EVIDENCE AT TRIAL THAT SUPPORTED DEFENDANT'S CONTENTION THAT HE HAD A MENTAL … UNFAIRLY EMPHASIZED IN ITS CHARGE FACTS AND EVIDENCE THAT SUPPORTED ONLY THE STATE'S CONTENTION THAT DEFENDANT DID ACT … IN ITS CHARGE ANY REFERENCE TO THE EVIDENCE AT TRIAL THAT SUPPORTED DEFENDANT'S CLAIM OF MENTAL DISEASE OR 11 …
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… The State, in turn, argued that probable cause was supported by the sergeant's testimony recounting the "plain … findings from a suppression hearing, so long as they are supported by sufficient credible evidence in the record. … and circumstances presented to the arresting officer would support "a [person] of reasonable caution in the belief that …
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… no basis for disturbing Judge De La Cruz's well-reasoned determination. "It is well settled that the subject of a … appellants point to three "court rulings," none of which support its contention that the documents it sought were … be included in that meeting. Again, nothing in this order supports appellants' claim that documents concerning the …