Filters
- A-1129-17T1 Opinionnjcourts.gov… to govern future conduct." Hopkins, 132 N.J. at 439. In support of his first and second points of error, plaintiff … those cases, and the other authority cited by plaintiff, supports the imposition of a duty of care on Waitikowich. 7 …
- A-3605-16T4 Opinionnjcourts.gov… hearsay statements made by her mother, stepfather, children, and the local police . In addition, the judge … entered the FRO against defendant. The judge's findings in support of the FRO were based on plaintiff's testimony, … of the 8 A-3605-16T4 FRO was based on credibility determinations, it was vital that defendant be granted leeway …
- A-2623-15T1 Opinionnjcourts.gov… dismissed charges alone as 4 A-2623-15T1 evidence in support of a 'continuing pattern of anti-social behavior.'" … in these illicit activities is frequently used by the children "as a major route to walk to and from … school." … and that selling drugs near school property, with no children around, "displays injurious consequence to innocent …
- A-0767-17T1 Opinionnjcourts.gov… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … Prod., 677 F. Supp. 284, 286 (M.D. Pa. 1987)). While determination of the issue may be made upon affidavits, our … agents. Although Wunderlich's certification in support of his motion to dismiss denied such a plan existed, …
- A-1899-16T3 Opinionnjcourts.gov… the file." Serulle argues Goldblatt's deposition testimony supported the inference Sosa had negligently performed … repair. Indeed, Goldblatt testified "[w]e did make a determination that the rock, it didn't happen within a couple … of the repair work. She also testified she did not make a determination of how long the sidewalk was in the allegedly …
- A-3096-16T1 Opinionnjcourts.gov… were never provided a copy of such documents thereafter. In support of their contention plaintiff engaged in predatory … problems. Second, there is no evidence from an expert supporting defendants' claim that extending the refinance …
- A-3517-15T2 Opinionnjcourts.gov… Sentence Was Excessive. B. The Award of Restitution Is Unsupported and Cannot Stand. (Not Raised Below). For the … We accept those findings of the trial court that are "supported by sufficient credible evidence in the record." … brief comments. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
- A-4785-16T2 Opinionnjcourts.gov… erred in not finding Salmorin violated the CFA. "Final determinations made by the trial court sitting in a non-jury … 205 N.J. 150, 169 (2011)). Although our review of legal determinations made by the trial court is de novo, we will not … unless we are "convinced that they are so manifestly unsupported by[,] or inconsistent with[,] the competent, …
- 013415-2019 Opinionnjcourts.gov… hedgerows, wetlands, -4- and/or irrigation ponds that are supportive and subordinate or reasonably required for the … are not disputed issues of material fact which require a determination of credibility. Brill v. Guardian Life Ins. Co. … had been taken by the municipality of the prior annual determinations of the assessor finding the property qualified …
- 011907-2019 Opinionnjcourts.gov… the property record card indicated that there had been a determination that a portion of the basement was finished. He … evidence…must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … court. Furthermore, plaintiffs provided no testimony to support the claim that the proffered comparable sales were …
- 008745- 2019 Opinionnjcourts.gov… researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be … cannot “arbitrarily assign a value to the property not supported in the record.” Id. Here, there was no such …
- AM-402-18 Opinionnjcourts.gov… hearing to address the issue of sanctions after the final determination by the Appellate Division. In Belfer v. Merling, … groundless when no rational argument can be advanced in its support, when it is not supported by any credible evidence, when a reasonable person …
- 13577-2017 Opinionnjcourts.gov… approach analysis to calculate his valuation, no such supporting evidence was provided. During his deposition, the … Property’s rent roll and lease from which he made a value determination of $27-28 per square foot. While, the Municipal … tax year 2017 was appropriately granted. Based upon this determination, it was unnecessary for the court to address the …
- A-3350-15T2 Opinionnjcourts.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 . …
- A-0879-14T1 Opinionnjcourts.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 …
- A-3575-14T4 Opinionnjcourts.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). …
- A-1011-15T2 Opinionnjcourts.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 …
- A-0260-15T4 Opinionnjcourts.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 …
- A-4270-14T2 Opinionnjcourts.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 …
- A-3883-13 Opinionnjcourts.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 …