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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Retirement System (Board), affirming the Division's determination. We affirm substantially for the reasons … Passaic County PFRS employment. Recinos appealed the determination, and, on October 20, 2015, Kristin Bell, another … requested that the Board reconsider its decision. In support of his request, he submitted the purported expert …
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njcourts.gov
… to be "extremely credible and consistent with other supporting documentation, including Milano's submission to … Specifically, the Board found the ALJ's credibility determination of Roberson to be "flawed" because the ALJ never … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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njcourts.gov
… on his own, and neither stumbled nor leaned on anyone for support. Sergeant Miller further testified, based upon his … State v. Nyhammer, 197 N.J. 383, 401 n.9 (2009). The determination of the voluntariness of a custodial statement … omitted).] We give "great deference" to a trial judge's determination on the admissibility of "other bad conduct" …
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njcourts.gov
… on that ground alone. The Township ordinances also support the conclusion that Dover Woods is a permissible use … there was sufficient credible evidence in the record to support the trial judge's findings that Dover Woods is a … for the actions of their residents and plaintiffs cannot support their 17 A-4636-15T4 cause of action.11 Therefore, …
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njcourts.gov
… in the robbery . . . ." We disagree. "The threshold determination under Rule 404(b) is whether the evidence … a "clear error of judgment" to overturn the trial court's determination. Rose, 206 N.J. at 158 (citation omitted). … There is sufficient credible evidence in the record to support that determination. Conversely, the record is devoid …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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. … a3209-17.pdf … …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… determining the Board's findings and conclusions were supported by "substantial credible evidence in the … We must determine whether the "board'[s] decision 'is supported by the record and is not so arbitrary, capricious, … 152 N.J. 309, 327 (1998)). The Board's decision must be supported by substantial evidence in the record, Ten Stary …