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- A-2295-17T2 Opinionnjcourts.gov… to be credible. The judge based his credibility determination, in part, on Kurz's twenty-eight years of … Judge Bury concluded there was sufficient reliable evidence supporting the municipal court's determination that Kurz's identification of the location of …
- A-2050-18T4 Opinionnjcourts.gov… judge declined to rely on this hearsay because it was not supported by a certification in compliance with Rule 1:6-6, … risk," it does not explicitly provide the necessary causal support for plaintiff's claim of faulty workmanship. We also …
- A-5168-15T2 Opinionnjcourts.gov… never entered into the subject agreement, a finding well-supported by the facts. Decedent never reviewed or signed … on the agreement, but Care One did not provide evidence to support such assertion. Therefore, we reject as unsupported Care One's position the doctrine of equitable …
- A-2981-16T3 Opinionnjcourts.gov… error, she contends the judge did not fully consider her support needs and the marital standard of living in setting … basis to remand, as requested by plaintiff. The critical determination affecting alimony was the judge's adverse … action is discretionary. We "will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
- A-5207-17T1 Opinionnjcourts.gov… contending that there was newly discovered evidence. In support of that motion, he presented a certification from an … his PCR counsel failed to retain a forensic video expert to support his petition. Second, defendant contends that his …
- A-4601-16T4 Opinionnjcourts.gov… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … did not testify or call any witnesses at trial. To support his renewed claim that trial counsel failed to … of Ms. Rodriguez. 8 A-4601-16T4 Here, the trial record supports a specifically designed strategy to highlight the …
- A-3971-16T4 Opinionnjcourts.gov… defense at trial, and Dr. Greenfield offered no opinion supporting defendant's current claim. In sum, the judge … a PCR defendant "must allege specific facts and evidence supporting his allegations"). There is no showing of …
- A-5554-15T1 Opinionnjcourts.gov… an evidentiary hearing. PCR counsel was appointed. In his supporting certification, defendant alleged his counsel … he must assert facts an investigation would have revealed, supported by affidavits or certifications based upon the …
- A-4202-15T2 Opinionnjcourts.gov… confirmed what Jun had been saying, with documentary support, since she successfully moved to vacate default: … defendants did not raise this issue in their brief in support of their motion for reconsideration. We may "decline …
- A-2722-16T2 Opinionnjcourts.gov… capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "[A] presumption of … was arbitrary, capricious, or unreasonable or lacks fair support in the record. We find no basis to overturn its …
- A-3504-17T1 Opinionnjcourts.gov… – his second attempt – of the order to pay $5000. In support of that motion, Saiyed certified that he was … he attached a matrimonial case information statement, with supporting documents, but they are omitted from the record … limited to the single issue of whether the Unemployment Determination provided a valid basis as 'newly discovered …
- 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-5649-16T1 Opinionnjcourts.gov… defect to be a "bare conclusion made without any credible support." The judge also concluded it was undisputed that … 520, 529-30 (1995)). 7 A-5649-16T1 Assertions that are unsupported by evidence "[are] insufficient to create a … written opinion. The record supports the judge's determination that Khanna Realty had no duty to inspect, …
- A-4079-17T1 Opinionnjcourts.gov… de novo. Hence, we ask two questions: does the record support the Board's underlying decision and did the Law … found JSM included water service in base rent without support in the record. We disagree. Hall alleged in her …
- A-2528-17T2 Opinionnjcourts.gov… in a motion to suppress provided those "findings are 'supported by sufficient credible evidence in the record.'" … N.J. 301, 327 (2013)).] The trial court's "credibility determinations are entitled to deference and those factual findings must be sustained as long as they are supported by sufficient, credible evidence in the record." …
- A-3056-18T3 Opinionnjcourts.gov… of court in the presence of the judge. The court rule supports it. When there's a contempt in the presence of a … THE COURT PROVIDED NO FACTUAL FINDINGS OR CONCLUSIONS TO SUPPORT ITS IMPOSITION OF A SIX-MONTH CONSECUTIVE SENTENCE, …
- A-2996-18T2 Opinionnjcourts.gov… appeals from a February 26, 2019 final administrative determination of the Board of Trustees (Board) of the Public … municipal solicitor. Bittner appealed the Division's determination to the Board. Because the matter did not involve … Board determined Bittner presented no legal authority to support her argument that a 4 A-2996-18T2 municipality …
- 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 …