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- njcourts.gov… constitute a source of law intended by the Legislature to support a CEPA claim. The court further concluded, "even if … motions to amend pleadings are liberally granted, but the determination is left to the sound discretion of the trial … decisions, and professional codes of ethics to inform our determination whether specific corrupt, illegal, fraudulent or …
- njcourts.gov… until March 2014." The pleading did not mention any facts supporting defendant's defense that plaintiff waived its … business entities[,]" and without more than "vague and unsupported references to [a] telephone conversation[,]" the … there was new evidence for the judge to consider, which supported a "finding in [d]efendant’s favor and a …
- njcourts.gov… evidence defendant had previously sexually assaulted children, on the grounds such evidence was "extremely … of defendant's altercation with the victim provided support for "motive, plan, intent, preparation, all of the … may review and modify a sentence when the trial court's determination was "'clearly mistaken.'" State v. Jabbour, 21 …
- njcourts.gov… The undisputed facts are taken from the certifications in support of each party’s motion for summary judgment. … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with … for the moral and mental improvement of men, women and children, provided that if any portion of a building used …
- njcourts.gov… standard of review should pertain when reviewing such determinations of a trial court. Application of that standard … 126 N.J. 1, 22-23 (1991). In making that 9 A-4920-15T2 determination, an appellate court should show appropriate … First: Again, the witness has no motive to deceive you, she supports and corroborates what N.G. has already told you, …
- STATE OF NEW JERSEY VS. IRVING FRYAR (13-10-0197, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… that: (a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, … with defendant, and sought to show the evidence did not support Barksdale's claim that defendant was the key … (quoting State v. Bankston, 63 N.J. 263, 273 (1973)). In support of his argument, defendant cites the following …
- njcourts.gov… omitted Attachments A, B, and C[.] II. A "trial court's determinations with respect to the applicability of OPRA are … on the Williams certification, it also provides evidential support for the court's findings. The certifications … record before the trial court is insufficient to permit a determination of whether distribution 6 We are therefore not …
- njcourts.gov… Following review of the phase two application, and determination by the Commissioner that Ailanthus was a … decision arbitrary. C. There is not sufficient evidence to support the Commissioner's decision because Ailanthus put … of free public schools for the instruction of all the children in the State between the ages of five and eighteen …
- njcourts.gov… appeal, contending the record lacked sufficient evidence to support the conclusion that the jury used a present value … and speculative nature of the elements underlying such determinations." Ibid. We conclude the Court's holding in … you deem appropriate. I remind you that you are to make a determination on the amount of damages based on the evidence …
- STATE OF NEW JERSEY VS. JAY R. ARTZ (12-08-1998, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… others residing in defendant's apartment complex, including children. Hamilton Township police requested assistance from … assistance of counsel because there were enough facts to support the grand jury indictment. As a result, the judge … unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 …
- njcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … or facts that are directly in issue and are necessary to support the judgment 9 A-5734-14T1 rendered in the prior … notice of plaintiff's claim was not an issue necessary to support the judgment against Dukureh, and Singer was …
- njcourts.gov… are prejudicial to the defendant and, more importantly, not supported by any evidence." The court continued: "[t]he … court determined "[t]he facts do not in any way provide any support for these assertions." After pointing out other … with the trial court that the assistant prosecutor's determination was based in large part on inappropriate and …
- njcourts.gov… biking, skating, and spending time with his wife and eight children. Plaintiff's activities have been limited since the … 4:40-1. "'[I]f, accepting as true all the evidence which supports the position of the party defending against the … cannot overthrow the jury's credibility 16 A-0530-15T1 determinations and findings of fact and then substitute her …
- njcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of … and awarding 400 days of jail credit. We remand for a determination whether the certain persons sentence should be …
- njcourts.gov… program. The Appellate Division affirmed the Board’s determination denying accreditation, concluding that the Board’s findings were supported by substantial credible evidence in the record. … to -1.3. (pp. 16-17) 6. In closing, the Court makes no determination as to whether Eastwick would have met the …
- njcourts.gov… which were allegedly lacking in scientific or objective support. The trial court granted defendants' pre-answer … allege the elements of common-law fraud. We reverse the determinations of the trial court on these two discrete issues … or fitness program. Keep all products out of the reach of children. By placing your order with STG Investors, LLC5 you …
- A-4641-19 Opinionnjcourts.gov… facts are derived from evidence submitted by the parties in support of, and in opposition to, the summary judgment … the Venture defendants in the first place. III. "[F]ee determinations by trial courts will be disturbed only on the … plaintiff is entitled to counsel fees under the CFA. Fee determinations begin with the calculation of the lodestar, …
- A-3943-18 Opinionnjcourts.gov… or any other reason justifying relief. A trial court's determination to grant or deny any relief under Rule 4:50-1 … 232 (Ch. Div. 2007). As with Rule 4:50-1, the court's determination will be left undisturbed unless it constitutes a … had been filed is baseless. PCH does not have any legal support for its claim that it retained an interest in the …
- A-0365-19 Opinionnjcourts.gov… N.J. Super. 396 (2005), another case plaintiff cited for support. There, the land use board denied the plaintiff … nothing in the record that indicates plaintiff sought a determination from DEP whether the proposed storage of her … (allowing a person to request "a written applicability determination" from DEP).6 As we noted, plaintiff sought to …
- A-4005-19 Opinionnjcourts.gov… affordable housing." The 2017 Reexamination report further supports the Master Plan goals and cited the need to provide … 101 N.J. 46, 52 (1985) (holding a board's factual determinations are entitled to "great weight" and should not … to support them"). However, a local board's "legal determinations are not entitled to a presumption of validity …