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… 2003) (internal citation omitted). "[T]he essential facts supporting plaintiffs' cause of action must be presented in … 3516 at *28-29. Other New Jersey cases, notably Findeme, support this conclusion. The St. Peter's court, while … 2017) ("Recovery under both of these doctrines requires a determination that defendant has benefitted from plaintiff's …
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… written opinion. 3 A-3086-23 I. We summarize the facts supported by competent evidence in the record viewed in the … at [their] home next door to [the Property]. [His] determination . . . [was] that the existing use by … plaintiffs' counsel "did not pursue any additional determinations after [their] on-site meeting." Based on his …
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… swear or affirm to an oath before providing a factual basis supporting a plea, in contrast to R. 3:9-2. Id. at *6-7, … the rule requires that the terms and factual basis that support a plea agreement be fully set forth on the record … The Committee concluded that these reasons support its determination that a requirement to swear in defendants when …
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… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress 10 … 'to prove or disprove any fact of consequence to the determination of the action.'" Covell, 157 N.J. at 565 … from the merger. 27 A-3926-22 B. Our review of sentencing determinations is highly deferential. State v. Fuentes, 217 …
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… the vehicle and perform field sobriety tests." The court supported its decision in large part by crediting the … 244, 251 (App. Div. 2001)). While "[t]he Law Division determination is de novo on the record from the municipal … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… will not reverse unless the findings are so mistaken and unsupported by the evidence that it is necessary to intervene. … following the Model Jury Charges relating to the jurors' determination of the credibility of all witnesses. He stated … of such findings, you should decide what affect such determination has upon the weight to be given to the opinion …
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… defendant argues: POINT I DEFENDANT'S CONVICTION WAS NOT SUPPORTED BY THE EVIDENCE, AND THE COURT SHOULD HAVE ENTERED … N.J.S.A. 2C:28-5(a). This element also was reasonably supported by the State's proofs. We recognize a defendant's … Walsh likewise found there was sufficient evidence to support a witness tampering charge when she denied …
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… limit; and Daniel's damages were sufficiently severe to support a recovery of $1,250,000. Daniel testified about the … 242, 249 (1986)); accord R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … Courts should not "engage in a strained construction to support the imposition of liability." Progressive Cas. Ins. …
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… failed to prove damages, she further found no evidential support that Entact deviated from the plans it was hired to … Glass & Mirror, Inc., 386 N.J. Super. 177 (App. Div. 2006) supports the proposition that Ten West's decision not to … the sheet piles, and Samsung's expert agreed with this determination. Thus, the cause of loss falls under the earth …
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… video] depicts." We review a trial court's evidentiary determinations under an abuse-of- discretion standard. State … the hearsay rule is that the realization of impending death supports a strong likelihood of credibility." State v. … it should not be offered to the jury until a preliminary determination has been made by the judge that in light of the …
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… State v. Lyle, 73 N.J. 403, 413 (1977)). Here, the record supports the trial judge's determination that the victim's statements on the MVR … Honor." We are convinced the record supports the judge's determination that defendant waived his right to a hearing on …
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… Agreement shall be submitted to Rabbi Chaim Leiter for determination. All parties agree to abide by any psak … in granting summary judgment. He argues the trial court's determination he had actual or implied authority to bind JLC … inferences and feelings' are not sufficient to support or defeat a motion for summary judgment." Petersen …
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… court "should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … no obligation to consider that factor or any other in its determination of whether CentraState could submit a CN …
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… assigned to the PD's Planning and Research Section of the Support Services 2 This action (Carifi I) was the first of … presented substantial evidence that would support a determination that other supervisory employees in the PD – the … in favor of former Chief Peckerman. In light of our determination that the trial judge's failure to properly …
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… killer" was not reversible error because the evidence supported the contention and the argument was made in … not argue in favor of these last two mitigating factors. In support of his excessive sentence argument and pursuant to … 2C:44-1(b)(14). An appellate court reviews sentencing determinations by a trial court with a deferential standard, …
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… judge's factual findings so long as those findings are supported by sufficient credible evidence in the record. … A number of factors are considered in making this determination: (1) the opportunity of the witness to view the … suspects were in the photo. Defendant's arguments are not supported by the record. The following exchange takes place …
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… fairly related to the services provided by the Division. In support of its claims, plaintiff provided the following data … the cost of employee benefits, the Division provided no supporting data. "Since neither 2 Plaintiff provided data … principles. "A taxpayer challenging the Director's determination bears the burden of proof." UPSCO v. 24 …
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… a gun at his home the night before, while defendant's children were present, and running off before defendant … for "a loan." 4 The letter was moved into evidence. 5 To support his denial, Bernal pointed out that the letter … to take curative action." Id. at 84. "Notably, a determination as to whether a prosecutor's comments had the …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … Court pandemic related orders, the certification filed in support of her motion referenced the pandemic related … speed of the escalator treads and/or moving handrail" or "supported or refuted the notion that the escalator's history …
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… mental illness or substance abuse), and N.J.S.A. 59:6-6 (determination on terms of confinement). They assert that such … they are not liable for a failure to diagnose is without support. Seemingly, the jury held the CHS defendants were … time, but there are two factors that weigh heavily in the determination. These factors are "the severity of the …