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njcourts.gov
… 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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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
… 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
… 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
… following facts are derived from the evidence presented in support of , in opposition to, and in reply to the motion … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …
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njcourts.gov
… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
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njcourts.gov
… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
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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
… his direct appeal, he filed a timely first PCR petition. In support of his claim of ineffective assistance of counsel, … April 15, 2015, defendant filed a second PCR petition. In support of the application, he provided a September 22, 2014 …
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njcourts.gov
… there was clearly sufficient evidence in the record to support defendant's plea that he committed sexual assault in … than merely incidental to the underlying crime," and that determination is made with reference not only to the duration … upon our review of the record, defendant's sentence is supported by credible evidence and does not shock our …
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njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … delay damages. However, the complaint and the record do not support Lessner's argument that the surety agreed to …
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njcourts.gov
… affirm. "The scope of appellate review of a commitment determination is extremely narrow. The judges who hear SVPA … of 'sexual compulsion.'" Id. at 129. The same standard that supports the initial involuntary commitment of a sex … "an appellate court should not modify a trial court's determination either to commit or release an individual unless …
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njcourts.gov
… hearing, the State cited case law – in particular Witt – to support its position, and at no point before or after the … need not consider whether the judge's factual findings were supported by the record. See Rowe v. Mazel Thirty, LLC, 8 …
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njcourts.gov
… excessive because "it was based on aggravating factors not supported by the record." The sentencing court found … offense of burglary." Accordingly, he argues "the record supports a finding under N.J.S.A. 2C:43-6(b) that [he] be … v. Kruse, 105 N.J. 354, 363 (1987), we will disturb its determination only if it represents a "clear error of judgment …
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njcourts.gov
… plaintiff cannot provide any nonspeculative evidence to support a causation theory based on the position of the … J & J and its driver, is incorrect and encroached upon a determination that could only have been made by a jury. … tape affixed to the rear impact guard and vertical supports. Defendant further argues because neither decedent …
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njcourts.gov
… Inc. Petitioner contends the court made factual findings unsupported by the record, misapplied controlling caselaw, … (1922); and Hall v. Doremus, 114 N.J.L. 47 (Sup. Ct. 1934), supported his claim. Judge Robertson explained "[i]n all of … There is substantial credible evidence in the record to support the judge's factual findings, and his understanding …
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njcourts.gov
… the court rule on which they based their motion. In support of the motion, defendant submitted several documents … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …