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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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… 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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… 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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… deliberations. No reasonable interpretation of this comment supports the claim that counsel was attempting to "disparage … his alibi. A close reading of defendant's certification in support of his petition reveals he does not even allege he …
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… are no documents included in either party's appendix to support his contention. 4 A-4947-14T2 Palifrone filed an … allow Defendants to file an answer as within time." In his supporting certification, Palifrone argued that the …
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… the record to determine whether the findings of fact are supported by adequate, substantial and credible evidence in … (App. Div. 1998). Interpretation of a contract involves a determination of the meaning of the language used by the … 190 N.J. 258, 266 (2007). Construction involves a determination of the legal operation of the contract. 5 Corbin …
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… on summary judgment, "as objective medical evidence supports a determination [he] sustained a permanent injury on December … disagree. "The mere existence of a scintilla of evidence in support of the plaintiff's position" is insufficient to …
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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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… him. The court indicated the call's existence was supported by the testimony of the officers, the computer … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … stop of the vehicle. There is nothing in the record that supports defendant's contention that the call's details …
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… The judge explained the arguments raised by defendant in support of the stay motion were "already . . . considered … let alone the required clear and convincing evidence, in support of his requested stay relief. 7 A-0221-22 …
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… However, the judge found Dr. DeMarco's opinion was "not supported by the substantial evidence in the record of … opinion "little weight." Moreover, noting that a "final determination of dangerousness lies 4 A-0982-22 with the … as to: the circumstances of why the commitment or determination was imposed upon the petitioner, the …
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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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… States Supreme Court mandate." He cites federal case law to support his position that he should have been allowed to … Faith and Credit Clause of the United States Constitution supports his position that the trial court erred in not …
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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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… letter vendor was abusive. But there are no allegations to support such a finding. The most harmful allegations are … 116 N.J. at 746. "[I]f the complaint states no claim that supports relief, and discovery will not give rise to such a …
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… district fee arbitration committee issued an arbitration determination requiring Lankamer to pay Saadeh, LLC $462.25 … thirty days. Lankamer did not appeal the arbitration determination nor pay the outstanding fee. In July 2022, … without issuing findings of facts and conclusions of law supporting its decision. II. We are guided in our analysis …
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… Redevelopment and Housing Law (the "LRHL") requires a determination of a redevelopment's consistency with the master … does not require formal findings of fact, but its determinations must be adequately supported by the record. Powerhouse Arts District …
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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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… he did not consider the vehicle as a "family car." Further supporting the conclusion that the vehicle was used … his family on weekends or outside of business hours further supports the conclusion that the vehicle was used primarily …
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… to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … Simmons's claims of discrimination and retaliation are not supported by the record. A DOC regulation prohibits the …