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… that conclusion. 3. The Hearing Decision and Final Board Determination By detailed written decision dated November 22, … we will "not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey …
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… facts; and all other matters of the evidence which serve to support or discredit the witness' testimony." The trial … occurred." See Atwood, 232 N.J. at 444. The trial court's determination on this issue is underpinned by Soulias's … charge addressed the jury's fact-finding and credibility determinations, which was substantively the same. The trial …
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… showing" that applying would have been futile. To support his claim, defendant submitted his own certification … "relies on a purely legal question, . . . we review that determination de novo." State v. Twiggs, 233 N.J. 513, 532 … robust record created through the application process. A determination that an applicant is not subject to the …
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… whether the factual circumstances presented in this case supported a police officer’s determination to conduct a warrantless protective sweep in the … 4. Here, there is sufficient evidence in the record to support the trial court’s factual finding that the officers …
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… investor['s] negligent supervision and monitoring claim. In support of his decision, the judge noted that under the … 101 (App. Div.), certif. denied, 117 N.J. 87 (1989). The determination as to whether such a duty exists "rests solely … Division was the correct venue for plaintiffs to pursue a determination as to whether the parties agreed to arbitrate …
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… certain requirements of the Medicare, Medicaid and State Children’s Health Insurance Programs and the Health … that regardless of which provision is considered, the determination on this motion would not change irrespective of … Super. 241 (App. Div. 1994). Where the policy language will support two interpretations, only one of which will support …
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… to administer the Building’s rules and regulations. In support of Plaintiffs’ claims, they cite to an unpublished … their unsold shares into a trust for the benefit of their children. The co-op board denied the sponsors’ request to … shares transferred into a trust for the benefit of their children, thereby demonstrating a clear desire to hold …
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… or revenue belonging thereto to any purpose other than the support and maintenance of the church or religious or … Defendants fail to demonstrate to the Court how such determination would even fall within this Court’s … documents governing this dispute in order to make a legal determination as to rightful ownership of the property. …
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… was, at best, a proposed modification. The record fails to support any assertion that Bancorp accepted US Estates' … $370,000 in December 2010, satisfied this requirement. In support of this interpretation of the agreement, US Estates … them. Brill, supra, 142 N.J. at 540. In light of our determination the motion judge erred in granting summary …
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… Chapter 91 “within time for it to be incorporated in his determination of the correct assessments to be submitted to … tax board appeal judgments/settlements. This reading is supported by the legislative intent of the ADP, which among … Realty Trust v. Brick Twp., 23 N.J. Tax 225 (Tax 2006), in support of its argument that November 1 cannot be used for …
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… at the present time”). Here, there was no data or facts to support a conclusion that the Subject’s use as improved had … does not equate to the lack of their contributory value, or support a conclusion that the Subject’s use as improved, is … continuation of its present use because there is nothing to support a conclusion or opinion of a more financially …
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… the latest of which was within ten years of the robbery. In support of the State's request for an eighteen-year … we reversed the adjudication, because the record did not support a finding that L.W.'s conduct established he … v. Cassady, 396 N.J. Super. 392, 395-97 (App. Div. 2007) in support of his argument. In that case, the defendant handed …
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… Gupta provided in two certifications to the trial court in support of his motion to quash, which the Receiver contended … In his first certification, made in September 2020, in support of quashing the subpoenas, Gupta certified ANM had … a new fee certification. The Receiver submitted invoices in support of his fees and costs certification outlining a …
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… a verdict." Further, the judge found "no evidence to support [plaintiff's] claim" that "jurors lost interest in … 225 N.J. 373, 397 (2016)). Our review of a trial judge's determination on a motion for JNOV, pursuant to Rule 4:40- … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the …
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… State v. Jenkins, 321 N.J. Super. 124 (App. Div. 1999), in support of his argument that he was entitled to a directed … most favorable to the State, there was abundant evidence to support defendant's convictions of first-degree robbery. Those proofs supported the jury's finding that he took the Lexus …
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… on the Association's internal review of the signatures supporting Petition One. According to the email, Petition … "come back to [the Board] with the appropriate 9 A-1175-22 support." Additionally, counsel argued it would be improper … Petition Two. More importantly, we agree with the judge's determination that plaintiff's ambiguous and vague language in …
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… so long as sufficient credible evidence in the record supports those findings.") (citing State v. Elders, 192 N.J. … so earlier. The extent of the officer's inquiry was further supported because the vehicle did not belong to defendant; … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
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… complaint, Dr. Lessig moved for summary judgment. In support of the motion, Dr. Lessig certified he had first … found Duffy had "a right to some discovery to make a determination as to whether or not Dr. Lessig should have … (App. Div. 2019) (quoting DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… claims. In DYMS's statement of undisputed material facts in support of its motion for summary judgment, DYMS asserted … complaint should be laid alongside the policy and a determination made as to whether, if the allegations are … Motorists Ins. Co., 128 N.J. 188, 197 (1992). "A later determination that the claim against the insured is without …
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… of the sale proceeds be held in escrow pending its determination of the amount Garden State was to be paid out of … Cucaro produced no evidence, such as medical records, to support his alleged inability to respond to the complaint. … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …