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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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … Div. 1963). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … of possession was vacated. The court's order was not a determination on the merits of plaintiff's claim to …
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njcourts.gov
… it is "arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence . . . ." Henry v. … The ALJ's analysis and balancing of the factors were supported by substantial credible evidence in the record. … arbitrary, capricious, or unreasonable in the Board's determination. Finally, petitioner contends that he is …
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njcourts.gov
… 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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njcourts.gov
… 283 N.J. Super. 462 (Ch. Div. 1994)]. Based on its determination that defendant's lease was a sham, the court … its decision on the documents the parties submitted in support of and in opposition to the order to show cause. In support of the pleading, the General Manager (GM) of a …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … . . . [we] afford[] no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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njcourts.gov
… certified to the truth and accuracy of the documents supporting the second summary judgment motion, including: … Motions to amend pleadings are liberally granted, and the determination is left to the discretion of the trial court. … the loan modification agreement added necessary details in support of the foreclosure action. See R. 4:64-1(a) and (b). …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … is to determine whether there is adequate evidence to support the judgment rendered by the trial court."). We do …
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njcourts.gov
… a petition for PCR. In a certification he submitted in support of the petition, defendant alleged that his trial … him with incorrect information on the credits was not supported by the record because the attorney addressed the … trial courts should grant evidentiary hearings and make a determination on the merits only if the 10 A-1218-17T4 …
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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
… those facts in defendant's statement having sufficient support in the record. See R. 4:46- 2(b). As the essential … submitted its snow removal protocol for the Fords plant in support of its motion. The policy details responsibilities …
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njcourts.gov
… life sentence without additional fact-finding by a jury. In support of that claim, defendant cited Apprendi, and the … and Rogers v. Tennessee, 532 U.S. 451, 456-57 (2001), to support his argument that judicial enlargement of a maximum …
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njcourts.gov
… disclosure statement and chose not to based upon her determination she was not required to do so. Petitioner had … financial disclosure form, it is clear they did make that determination. Accordingly the city notified the Local Finance … capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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njcourts.gov
… Super. 512, 513 (App. Div. 1991)). "Clearly, evidence that supports a defense, such as alibi, third- party guilt, or a … addressed the nature of the victim's injury, which was supported by testimony that she lost full use of her hand …
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njcourts.gov
… to vacate the final judgment pursuant to Rule 4:50-1. She supported her application with a non-compliant Rule 1:6-6 … 9 A-5197-16T1 we have reviewed the record and do not find support under any section of Rule 4:50-1, including …
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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
… in a timely fashion the record would not 7 A-4453-16T2 support a finding of extraordinary circumstances warranting … trial court's findings of fact will not be disturbed "when supported by adequate, substantial and credible evidence." …