njcourts.gov
… assertions . . . must be reinforced by evidence; without support, the prejudicial impact of unavailable evidence, … and lease-back agreement" or any other document "to support their assertion[.]" Judge Toskos also rejected the … to the sound discretion of the trial court, whose determination will not be disturbed absent a clear abuse of …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … a defendant must produce "specific facts and evidence supporting his allegations"); State v. Cummings, 321 N.J. … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… We reverse. The evidence submitted by the parties in support of, and in opposition to, defendants' summary … allegations and presented expert reports of their own supporting their view. Defendants argued that plaintiff's … rejected the argument that the foreseeability determination is made by resort solely to the existence of …
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… of a default judgment against Blumenthal, explaining in the supporting certification that although Libra's corporate … for "all" defendants and for reasonable discovery. In his supporting certification, Blumenthal recounted his recent …
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… door, "he continued on ringing my doorbell[,] waking up my children."2 Plaintiff claimed to have a police report … testify the way you've been. . . . [T]he complaint doesn't support that. So you need to amend the complaint . . . to … of the proceedings and the sufficiency of the evidence to support the court's findings. Because we conclude the manner …
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… it 10 A-1838-16T1 most favorably to the State, it would support inferences that the estate was involved in … Because the State did not present some evidence to support each of the elements of the money laundering charge, …
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… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … Nonetheless, we find the judge's factual findings fully supported by Powoski's report, to which the parties …
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… The trial court's record does not contain any evidence to support these allegations; therefore, we will not consider … through the AAA. The record supports the judge's determination. The judge correctly found that BM did not … whether a party waived its arbitration right is a legal determination subject to de novo review. Nonetheless, the …
njcourts.gov
… 3.01B formula. The landlord relied on that testimony to support its argument that adopting the tenant's position … that the court's discussion of the parties' submissions was support for its conclusion that no counsel fees should be …
njcourts.gov
… v. Investors Ins. Co., 65 N.J. 474, 483-484 (1974). When "supported by adequate, substantial and credible evidence," a … and "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Ibid. … to the trial court's findings of fact and credibility determinations, N.J. Div. of Youth & Family Servs. v. R.L., …
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… we are guided by the overarching principle that "[f]inal determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … we are equally mindful of Judge Conte's amply-founded determination that plaintiffs materially breached the …
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… on the forged checks. The official comment to UCC 3-420 supports this conclusion: There is no reason why a drawer … stated that her interpretation of N.J.S.A. 12A:3-420(a) was supported by Leeds v. Chase Manhattan Bank, N.A., 331 N.J. …
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njcourts.gov
… 4 A-2243-18T4 Defendant submitted two certifications in support of his petition. In the first petition, dated April … Here, the PCR judge's analysis of the Slater factors are unsupported by the record and inconsistent with her finding … raised in defendant's PCR brief without evidential support, that defendant intended to contest liability but …
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njcourts.gov
… standard of review. Our "review of a commitment determination is extremely narrow and should be modified only … We give the utmost deference to the reviewing judge's determination, as these judges are "specialists" in Sexually … 162 (1964)). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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njcourts.gov
… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… moved for reconsideration. The judge reiterated his determination that Chapter 78's mandatory contributions were … 2011. Plaintiffs rely upon N.J.S.A. 40A:10-21.1(b)(3) to support this argument.3 The reliance is misplaced. Although … not exempt from Chapter 78's contribution requirements. To support their assertion of a breach of contract argument, …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … identified three factors courts should consider in that determination: (1) the temporal proximity between the illegal … removed solely because of the canine sniff, which was unsupported by reasonable, articulable suspicion. Moreover, we …
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njcourts.gov
… There was sufficient credible evidence in the record to support the PCR court's findings. Moreover, Johnson … the issues could have been raised. There is no evidence to support defendant's claims. 10 A-1955-17T2 Post-conviction …
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njcourts.gov
… precedents, we conclude that there is ample evidence supporting the trial court's findings of fact and … 1, 2017 order denying Heir's motion for reconsideration. In support of his motion, Heir, in effect, reiterated the …
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njcourts.gov
… it is "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … Prison, 81 N.J. 571, 579-80 (1980)). When making that determination, we consider: (1) whether the agency's action … bound by the agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Carter, 191 …