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njcourts.gov
… on the record the right to appeal from the adverse determination of any specified pretrial motion." The … is the man in the BOLO and surveillance footage." In support, the judge pointed out that "the State [did] not … the witness's testimony or by shedding light on the determination of a disputed factual issue." Sanchez, 247 N.J. …
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njcourts.gov
… fact Ulrich thought the parking lot needed to be repaved supports plaintiff's argument as she "readily concede[d] … are 3 132 N.J. 426, 438 (1996) (setting forth that the determination of whether a duty exists requires consideration … of fact. Vincitore, 169 N.J. at 123. Nonetheless, that determination is subject to the court's preliminary assessment …
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njcourts.gov
… argued they each failed to provide a reliable basis to support their opinions that the silicone particulate could … v. Mynster, 213 N.J. 463, 478 (2013). "Preemption determinations are reviewed de novo, as are the issues of … The sufficiency of circumstantial evidence is a factual determination. See Moraca, 66 N.J. at 458. "If the proofs …
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A-0133-22 Briefs
Briefs
njcourts.gov
… submitted a motion for judgment of acquittal which it supported with a brief filed on July 1, 2022. 62a. The State … that he gave inaccurate testimony under oath in support of the above-mentioned theory by incorrectly stating … discretion in imposing punishment following the jury’s determination. State v. Cassady, 198 N.J. 165, 180 (2009). …
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njcourts.gov
… VIOLATION. POINT II THE LAW DIVISION ERRED IN ITS UNSUPPORTED RELIANCE UPON THE CREDIBILITY FINDINGS OF THE MUNICIPAL TRIAL COURT AND IN FAILING TO MAKE ITS OWN DETERMINATIONS AS TO THE CREDIBILITY OF TESTIMONIAL EVIDENCE … DIVISION ERRED IN ADJUDICATING [DEFENDANT] GUILTY AS THE DETERMINATION WAS AGAINST THE WEIGHT OF THE CREDIBLE EVIDENCE. …
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njcourts.gov
… (App. Div. 2021). First, it affirmed the trial court’s determination that Gannett had no claim under OPRA but was … 47:1A-6, the fee-shifting provision of OPRA, does not support a fee award to a prevailing party in a claim brought … addressed in prior case law demands a far more nuanced determination than the question whether the information sought …
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njcourts.gov
… of any such duty, as well as the evidence presented to support proximate cause in this case. Robert Friedauer and … of Christopher’s dependents, plaintiff and her two minor children. He testified that he had no reason to expect that … plaintiff presented sufficient evidence to warrant a jury determination whether defendant breached a duty to inform …
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njcourts.gov
… I A The new evidence now offered by Kiely and Marzovilla in support of their Rule 4:49-2 motion was not presented until … of court rules whenever necessary “to secure a just determination, simplicity in procedure, fairness in … 3, would certainly have been relevant to the court’s determination that Kiely and Marzovilla went behind Iler’s …
njcourts.gov
… that the reason for consideration of this factor must be supported by undisputed facts of record or facts found at a … them but he considered them and said . . . the factors that support her denial outweigh . . . those factors, but then we … also not sufficient and defendant has submitted no case law supporting the relevance of this factor. Regarding factors …
njcourts.gov
… defective construction, even absent privity of contract. In support of their CFA claim, plaintiffs alleged that … company at 17 A-2554-23 time of purchase will be factual determinations to be made at trial, not to be considered under … the timeframe when [BDD] performed the work." This determination is reasonably interpreted from "well-established …
njcourts.gov
… "testimony and the facts to which he testified were supported by . . . the audio and video recording taken from" … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … entire exchange occurred in mere minutes, are sufficiently supported in the record and support the judge's conclusion …
njcourts.gov
… (quoting State v. Pineiro, 181 N.J. 13, 20 (2004)). A determination of whether a police officer has reasonable … for high narcotics trafficking activity does not alone support a finding of reasonable suspicion. State v. … 424, 440 (2013), but we concur with the trial court 's determination that Accetturo's resistance to arrest served to …
njcourts.gov
… appeal on March 8, 2019, challenging the trial court's determination that his post-arrest statements to police were … defendant's claims of counsel's deficiencies and failed to support any defenses. The State specifically challenged the … failed to demonstrate prejudice as the record did not support his claim that deadly force was necessary or that …
njcourts.gov
… [b]arred" by the vehicle's warranty and otherwise unsupported by any 7 A-2517-17T1 evidence in discovery; (3) … of the Lemon Law here. We therefore reverse that determination and remand for a trial as to that claim. B. … We disagree. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e). …
njcourts.gov
… the amount of the monetary penalties imposed, and the determination not to revoke or suspend Fisher's insurance … Our scope of review of an administrative agency’s final determination is limited. In re Herrmann, 192 N.J. 19, 27 … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of …
njcourts.gov
… requesting that the Board reconsider that decision. In support of its request, Victoria cited Sartoga v. Borough of … 309 N.J. Super. 596, 610 (App. Div. 1998). However, "[a] determination predicated on unsupported findings is the … reasonable diligence in reopening prior administrative determinations has been recognized in cases decided since …
njcourts.gov
… We must accept findings by the trial court that are "supported by adequate, substantial, credible evidence." … noting "[c]ommon sense and experience may inform that determination." 149 N.J. at 577 (citations omitted). There was … defer to the Family Part judge's expertise in making such determinations. Cesare, 154 N.J. at 412 (quoting J.W.D., 149 …
njcourts.gov
… the Commission is to review its Executive Director's determination that the SRL is consistent with the Pinelands … hearings; 2) the record for the proposed project "aptly support[ed]" the Joint Base's need for the SRL; and 3) NJNG … it would follow to review its staff 's CMP consistency determination for SJG's proposed project "and any other public …
njcourts.gov
… design standpoint, the property location, on a corner, supports the increased height. Furthermore, the proposed … The Board also heard testimony from a community member who supported the project because it would occupy the vacant … ERROR BY UPHOLDING THE BOARD'S ERRONEOUS 21 A-3387-19 DETERMINATION THAT THE APPLICANT SATISFIED THE POSITIVE AND …
njcourts.gov
… 457-58 (App. Div. 2018). We find no error in the judge's determination that there was no basis to suppress the first … of the evidence, we conclude there was ample evidence to support the judge's finding that defendant did not invoke … considered defendant's age and education in making his determination.3 We also find no significance in defendant's …