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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … detention of defendant, there was insufficient evidence to support the detective's conclusion that defendant was armed … at the suppression hearing and develop the record in support of it but did not do so. Thus, we decline to …
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… 21, 2023, the court entered an order granting the motion supported by a written opinion. The court found: "[E]lement … v. Lora, 465 N.J. Super. 477 (App. Div. 2020)] for a determination whether the officer induced or caused the … dismissal of the indictment. The court's subsequent determination that failure to advise the second grand jury of …
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… is a genuine issue for trial. Ibid. “A certification will support the grant of summary judgment only if the material … Div. 2014) (“Bald assertions are not capable of either supporting or defeating summary judgment.”). Instead, the … are merely conclusory with little to no factual or legal support. Plaintiff’s motion is granted. This matter is to …
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… judge noted plaintiffs failed to provide "any authority to support the repeated assertion that 'design immunity does … property must present evidence satisfying each element to support a cause of action under N.J.S.A. 59:4-2. Polzo II, … maintain the area adjacent to Milepost 137.3 are factually supported by the record because the issue was not presented …
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… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … assertions' in certifications without explanatory or supporting facts will not defeat a meritorious motion for … record, we are satisfied plaintiff failed to allege facts supporting a damages claim that could have survived summary …
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… fraud listed under N.J.S.A. 25:2-26 and found the evidence supported multiple factors establishing a fraudulent … reach of process. Both inquiries involve fact- specific determinations that must be resolved on a case- by-case basis. … evidence. We are satisfied the court supported its determination with the credible evidence in the record. ARCP …
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… section 40 lien, [Sansone] provides no facts or evidence to support an allocation of the third[-]party settlement other … Sansone's second 10 A-3638-17T1 compensation claim is supported by sufficient credible evidence. The order finds … 15 A-3638-17T1 situation is highlighted by the fact that in support of her argument in opposition to the motion to …
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… Valenzuela argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … professional standard, handbook, statute, or regulation" to support "his sweeping assumptions and opinions regarding … remains, [we] afford[] no special deference to the legal determinations of the trial court." Cypress Point Condo. Ass'n …
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… subdivision, thereby warranting a reversal of the Board's determination. Defendants urge that the trial judge's decision … as to whether OZ created the hardship it relied upon in support of its application. On April 4, 2017, plaintiff … of prerogative writs, seeking to set aside the Board's determination. Plaintiff contended in his complaint that the …
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… has been significantly diminished. In addition, to further support its decision to grant the stay and in an effort to … indictments, and defendant failed to cite any case law that supports the proposition that a stay in a civil proceeding … the time frame mandated by the Legislature; without any supporting case law that would allow such an order. …
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… asserting ineffective assistance of counsel (IAC). In his supporting pro se brief, defendant alleged that his plea … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… negligence. The judge stated that evidence of a violation supports a claim of legal malpractice, but the violation … RPCs, plaintiff concedes that those violations alone cannot support a claim of legal malpractice. See Baxt, 155 N.J. at … negligence, the malfeasance plaintiff described did not support a claim of RK&O's vicarious liability for Martin's …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… miscarriage of justice because sufficient credible evidence supported its decision. The court also denied Sands' … unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … adduced at trial does not support the trial court's determination that Sands violated the CFA by personally …
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… held defendant "failed to establish a prima facie case in support of any claim" and "an evidentiary hearing would not … defendant's argument and denied the petition. The record supports the PCR court's finding that defendant and his … issue on appeal. We are satisfied that the PCR court's determination was not erroneous. Defendant further argues that …
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… Although we discern insufficient evidence in the record to support the court's finding that Lingala actually agreed to … are not bound to affirm findings that are "so manifestly unsupported by or inconsistent with the competent, relevant … reviewed the trial record, we discern insufficient support for the trial court's finding, ostensibly based on …
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… the circumstances 11 A-4469-18T3 presented in this case. In support of this contention, plaintiff notes that in … that complied with the statute. We are convinced the record supports the findings of the motion judge. The judge … is not required because an expert would not be required to support its negligence claims at trial. Plaintiff contends …
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… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … Mercury, 398 N.J. Super. 182, 187 (App. Div. 2008) to support their proposition that "AutoStone's performance" is … or elsewhere. We find no basis to disturb the judge's determination finding the venue provision enforceable. …
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… to testify against Canty. Lee's trial attorney supported his claim of ineffective assistance by contending … She claimed she did not present a vigorous argument in support of a mistrial, and she did not insist on an … by the Constitution. We shall not disturb the PCR court's determination that she did. Affirmed. … STATE OF NEW JERSEY …
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… in N.J.S.A. 2A:24-8 and -9; or (3) the award is not supported by substantial credible evidence in the record as … factors . . . . PERC's findings and conclusions are amply supported by the analysis in the award. The PBA may object … which are ordinarily or traditionally considered in the determination of wages, hours, and conditions of employment …