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- STATE OF NEW JERSEY VS. TIMOTHY CHMIEL(16-015, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… garnered from the police report proffered by defendant to support his claim that plea counsel was ineffective. The … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … 4 Even if Olsen's initial signal to stop were not supported by reasonable suspicion, however, defendant's …
- STATE OF NEW JERSEY VS. SILVIA BRODRICK (15-02-0321, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… question as corrected. Defendant next claims there was no support for imposing a term of imprisonment because the … We are satisfied the trial court's sentencing decision is supported by the facts and law, making it unnecessary we …
- njcourts.gov… by the parties, the only matter at issue was the determination of the usual, customary, and reasonable (UCR) … products, consumer resources and health systems research support." About FAIR Health, … fees paid were reasonable because [the insurer] made its determination on the prevailing fees paid in that community . …
- njcourts.gov… remitting the award to the highest figure that could be supported by the evidence is the most analytically solid … marks omitted)). Applying these principles to the determination of an additur award, the award should be "the … [and] do the laundry." Her ability to participate in her children's activities, such as attending their events, "was …
- STATE OF NEW JERSEY VS. TONY HULLUM (13-07-0412, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … challenge to the sentence is that those findings did not support the sentence he received. We find defendant's …
- VALERIANA IXCOY VS. MOHAMMED MOHOSIN, ET AL.(L-3591-14, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… are derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … addressed the Grijalba factors in reaching her determination. We take no issue with the judge's consideration … that the "quantity" of the returns was insufficient for a determination as well. 10 A-4287-15T1 owner relative to their …
- njcourts.gov… Plaintiffs' counsel submitted a certification in support of their request for attorneys fees and, on December … rates advanced by counsel for the prevailing party to support the fee application." Id. at 335. "It does not … that the court's findings on Umut's economic damages were unsupported by the evidence. After examining plaintiffs' …
- njcourts.gov… prejudice. On appeal, plaintiff challenges the judge's determination, arguing that her request was not overbroad, but … w]e will not disturb factual findings as long as they are supported by adequate, substantial and credible evidence." … the sufficiency of the agency's proofs submitted in support of its claim for nondisclosure, "a court must be …
- HAZEL CHERRY VS. CITY OF NEWARK, ET AL. (L-1165-13, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… debris depicted in the photograph of the depression also supported the inference that the defect pre-existed her … that plaintiff failed to satisfy her obligation to support her appeal with an appendix containing the …
- njcourts.gov… 520, 540 (1995). Applying this standard, the record amply supports the summary judgment order. In a foreclosure … to the court to overcome this presumption aside from her unsupported allegations that the mortgage was fraudulent. The … to foreclose pursuant to Angeles. The bank representative's supporting certification complied with N.J.R.E. 803(c)(6). …
- njcourts.gov… (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … be set aside if there is, "a definite conviction that the determination below went so far wide of the mark that a … was properly administered. There was adequate evidence to support a finding, by clear and convincing evidence, that …
- njcourts.gov… appeal followed. Defendants challenge the trial court's determination actual service was proven, asserting it erred making credibility determinations based on affidavits. We disagree. Generally, a … The trial judge's 8 A-4270-14T2 determinations are supported by the facts in the record and the denial of the …
- njcourts.gov… defendant cites to neither the record nor to any law to support the assertion that he was to be "resentenced." … conviction for sentencing purposes. Nor does Revie provide support for defendant's argument. The defendant in Revie was …
- njcourts.gov… 'a court should not engage in a strained construction to support the imposition of liability.'" Longobardi v. Chubb … Fire Insurance Co., 132 N.J. Super. 589 (Law Div. 1975), in support of its position. In Del Vecchio, where an off-duty …
- IFA Insurance Company v. American Trucking and Transportation Insurance Company - Unpublished Opinionsnjcourts.gov… of an accident . . . involving an insured tortfeasor, the determination as to whether an insurer . . . is legally … counsel for American Trucking if she was aware of any legal support for her position that N.J.S.A. 39:6A-9.1 "requires a … A-1845-09T2 7 Trucking provide the judge with any legal support for its position that such principles applied. …
- A-5163-17T3 Opinionnjcourts.gov… Meier v. D'Ambose, 419 N.J. Super. 439 (App. Div. 2011), support the proposition that a triple-net lease cannot … 388 N.J. Super. 392 (App. Div. 6 A-5163-17T3 2006), supports the proposition landowners remain liable for …
- A-5117-17T4 Opinionnjcourts.gov… Model Jury Charge. He concluded the record simply did not support a claim that defendant's waiver was not knowing and … and in fact, counsel had investigated their viability. In support of defendant's PCR petition, the witnesses submitted …
- A-2975-17T3 Opinionnjcourts.gov… Rule 4:34-3 to substitute U.S. Bank as plaintiff. Quicken supported its motion with a September 19, 2016 certification … defect. Finally, defendant argues, without any legal support, that "any requested relief should apply to [a] …
- A-3346-17T4 Opinionnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … consented to the search of the backpack in the vehicle was supported by sufficient credible evidence in the record and …
- A-3962-16T1 Opinionnjcourts.gov… but was instead a foundational question about defendant's children. The second instance occurred when the prosecutor … MADE BY THE TRIAL COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. A. … DECISION TO TESTIFY, SINCE ITS FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE ARISING OUT OF THE …