-
njcourts.gov
… One filed a motion for summary judgment. The motion was supported by an affidavit of an authorized agent of Capital … review "is limited to whether the trial court's decision is supported by the record as it existed at the time of" its … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
-
njcourts.gov
… bidding, the trial court must review a public body's determination as to whether a bid was conforming to determine … is whether there is substantial evidence in the record to support the conclusion. Waste Mgmt. of 9 A-3818-16T3 N.J., … expressed by the SDA in its April 27, 2017 administrative determination, which is supported by sufficient credible …
-
njcourts.gov
… needed to conduct discovery in order to develop evidence in support of the motion, and defense counsel reminded … that Dr. O'Shea was at fault. Plaintiff's expert report supports an inference that the workers' compensation system …
-
njcourts.gov
… I. As a general proposition we defer to "factual findings supported by adequate, substantial, credible evidence." … "not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de … Super. 552, 568 (App. Div. 2013)). Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
-
njcourts.gov
… of the trial court, " 'so long as those findings are supported by sufficient credible evidence in the record.'" … out-of-court identifications. The judge's findings were supported by sufficient credible evidence in the record of …
-
njcourts.gov
… W.M. appeals from an April 18, 2017 final agency determination by the Director of the Division of Medical … 18, 2017, the DMAHS Director again reversed the ALJ's determination. The Director noted that "[t]he issue here is … it is "arbitrary, capricious or unreasonable . . . or not supported by the substantial credible evidence in the …
-
njcourts.gov
… deference to the trial court's findings of fact that are supported by sufficient credible evidence in the record. … the suppression hearing are well-founded. There is ample support in the record for the judge's finding that defendant … have identified several considerations relevant to the determination, including, most significantly, the temporal …
-
njcourts.gov
… brief asserts that the affidavits of service, used to support the entry of default, were invalid because they were … reconsideration motion, plaintiff's manager, Howard Rothschild, certified that plaintiff "came to believe" that Nancy … Id. at 120. Additionally, Nancy's certification in support of the motion to vacate the judgments provided …
-
njcourts.gov
… (App. Div. 1957)). "Nonetheless, . . . the essential facts supporting plaintiff's cause of action must be presented in … recognized, a statute of limitations defense is "factual determination on [plaintiffs'] business savvy" — to be … The decision requires more than a simple factual determination; it should be made by a judge and by a judge …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … are satisfied that the trial court's findings of fact are supported by sufficient credible evidence and its denial of …
-
njcourts.gov
… A.G.'s expert's opinion to the contrary, finding it not supported by the evidence in the record. 8 A-5932-17T5 Judge … person." "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … deference. Ibid. We will "not modify a trial court's determination either to commit or release an individual unless …
-
njcourts.gov
… with our prior appellate decision in order to protect the children's privacy notwithstanding they are now adults. NOT … 4, 2017, after we determined the judge's findings were well supported by the record. With respect to the legal fees and … relief from the judgment of divorce because the financial determinations made therein were made without knowledge of our …
-
njcourts.gov
… Prison (NSP), appeals from the October 17, 2018 final determination of the Department of Corrections (DOC) … to Clarke, although the recording from the cage area supported his version of events, he sought production of the … supports the agency's conclusions). "[A]lthough the determination of an administrative agency is entitled to …
-
njcourts.gov
… I will consider the identification in my final determination of innocence or guilt. On February 14, 2013, the … petition if the defendant presents a prima facie case in support of PCR, the court determines there are material … we discern no abuse of discretion here. There is ample support in the record for the trial court's conclusion that …
-
njcourts.gov
… the court explained: "Even if there was evidence to support a contention the gun was observed only after police … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … v. Gamble, 218 N.J. 412, 425 (2014)). By contrast, the determination of whether those facts established an emergency …
-
njcourts.gov
… defendant's family history, including a listing of his children and their ages. As to mitigating factors two, four, … 'legality.'" Id. at 47. Consequently, the law does not support defendant's argument. His convictions include four … State v. Torres, decided by our Supreme Court in 2020, to support his contention that the absence of reasons for …
-
njcourts.gov
… During arbitration, each party provided expert testimony to support its view of the billing dispute. The DRP found NJM … there's no differentiation at all." The DRP's decision "was supported substantially by the factual information given to … III. Finally, plaintiff argues we should remand for a determination of counsel fees. Attorney's fees are allowable …
-
njcourts.gov
… A trial court's findings are "binding on appeal when supported by adequate, substantial, credible evidence." T.B. … 499, 502 (App. Div. 2017)). "We defer to the credibility determinations made by the trial court because the trial … in turn, factor that history into its reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare …
-
njcourts.gov
… defendant's arguments as to the sufficiency of the evidence supporting defendant's conviction for second-degree witness … that defendant and the victim were of different races to support a claim of cross- racial misidentification, and no …
-
njcourts.gov
… in situations where the plaintiff is required to join or support the political party in power or suffers retaliation for supporting a losing candidate or for failing to engage in …