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… by a pursuit" prior to the enactment of subsection (c), support a broad interpretation of the immunities provided in … several alternative arguments it raised before the court in support of its summary judgment application. Specifically, … to file a cross-appeal to raise alternative arguments supporting the judgment in its favor. See State v. Watson, …
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… the jury. Am. Cyanamid Co., 155 N.J. at 568 ("if the proofs supporting the position of the non-moving party and the … on production costs and the range of consumer choice support our determination. Restatement § 2 cmt. f. As previously …
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… "all of the buildings together as a collective . . . don't support . . . any assembly use," and determined plaintiffs … and rendered an oral decision reversing the Board's determination. The court interpreted "assembly" under … conditional use variance. The court reversed the Board's determination, granted plaintiffs' application, issued an …
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… I. Defendant cared for her mother, B.S., and financially supported her from October 2010 until B.S. was admitted to … determined defendant met her burden under Rule 4:46-2 to support her counterclaim by submitting sufficient evidence … to enforce provisions of [N.J.S.A. 30:13-3.1]." Ibid. In support of her argument, defendant relies on Ptaszynski v. …
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… working, [he has] a strong family behind [him] and [he has] children that [he was] supporting. On count three, the judge sentenced defendant to … Thompson's testimony as a lie and leave the determination to the 19 A-5552-16T4 jury. Notwithstanding, …
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… defendant acknowledged they "remained friends." In support of his counterclaim, defendant said his reputation … an appellate court evaluates a trial court's evidentiary determinations with substantial deference[,]" and affords them … in original) (citation omitted). The trial court's determination will be affirmed "absent a showing of an abuse …
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… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record 11 A-5574-16T4 and … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing 12 …
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… filed an amended petition, an accompanying brief, and two supporting certifications——an unsigned and undated … [c]onviction [JOC] that would have reflected the court's determination" that he was entitled to 2373 days of jail … claims involves matters of fact, . . . the ultimate determination is one of law[.]" Harris, supra, 181 N.J. at …
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… factual and expert testimony at the Board hearing in support of its application. One objector participated in the … Terrence Vogt, reviewed RD Lakewood's submission in support of its development application and issued an … Id. at 237. This is "so that they may make an informed determination as to whether they should participate in the …
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… and either first-degree or second-degree robbery can support a felony murder offense when, as here, the robbery … robbery alternatively can supply the predicate offense to support a felony murder conviction. N.J.S.A. 2C:11-3(a)(3); … found him guilty of aggravated manslaughter simply to support a felony murder conviction. Looking, as we must, at …
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… real estate license. Defendant reported he was financially supported by his parents and had been employed by his … Defendant's counsel submitted a letter to the prosecutor in support of his admission to PTI, claiming "[a] criminal … for rehabilitation"). As apparent from the affidavit in support of the search warrant, defendant came to the …
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… enforce the settlement. In his June 22, 2011 arbitrator's determination, the arbitrator found O'Dea took no action to … thirty days. O'Dea did not comply with the arbitrator's determination. As a result, the lis pendens remained on the … Woods, L.L.C., 365 N.J. Super. 114 (App. Div. 2004) to support his argument that the writing requirement in the …
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… was contacted [by CMI], and when" they were contacted. To support his ruling, the judge determined that Ward was in … court's discretion and is reviewable for an abuse thereof. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. … we discern this to be the rationale for the judge's determination. Thus, we are satisfied that the record contains …
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… the following day. Defendant's Summary Judgment Motion In support of its summary judgment motion, defendant filed the … if any, in his firm's representation of plaintiff. No other supporting certifications were provided. Defendant's … withdraw petition. Thus, the record contains evidence supporting plaintiff's contention that it objected to the …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … that the ineffective assistance of counsel affected the determination of guilt such that Rule 3:22- 12 should be … that "PCR counsel advanced this issue, albeit briefly." To support this contention, defendant cites to his original pro …
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… "broad discretion" in making the PTI-diversion determination. State v. K.S., 220 N.J. 190, 199 (2015). In … "all relevant factors" when 11 A-4543-19 making a PTI determination unless the defendant demonstrates otherwise. Id. … [a PTI] application, the reason for consideration must be supported by undisputed facts of record or facts found at a …
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… his daughter Brandy, along with Scott Sunderland and his children, Abby and Aiden, were vacationing in North Wildwood … [N.J.S.A.] 59:4-8 and 59:4-9 reflect the policy determination that it is desirable to permit the members of … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
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… defendants' counsel. Plaintiff's Counsel's Certification In support of the motion, plaintiff relied solely on the … its construction of a contract, appellate review of that determination is de novo."). We "give 'no special deference to … of the initial $100,000, the record does not permit a determination as to the modified due date. Resolution of those …
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… be found in the room, and there were exigent circumstances supporting the need to immediately enter the room. It is … circumstances that existed the night of the shooting fully supported their choice to proceed in the absence of a … the strength or weakness of the underlying probable cause determination. [State v. Walker, 213 N.J. 281, 292 (2013) …
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… agreement on behalf of plaintiff, herself, and their three children. 2 According to plaintiff, CircusTrix Holdings, LLC … THE SKY ZONE PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT … arbitration forum when plaintiff executed the agreement. To support that assertion, plaintiff relies on a 2017 response …