Filters
- A-2996-16T1/A-2997-16T1 Opinionnjcourts.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 …
- A-1668-16T3 Opinionnjcourts.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 …
- A-2978-16T2 Opinionnjcourts.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 …
- A-0900-18T3 Opinionnjcourts.gov… that the trial court's ruling on the speedy trial motion is supported by sufficient, credible evidence in the trial … factual findings will not be disturbed where they are supported by sufficient credible evidence in the record. … v. Oliveri, 336 N.J. Super. 244, 251 (App. Div. 2001). A determination by a trial judge regarding whether defendant was …
- A-1361-17T1/A-4119-17T1 Opinionnjcourts.gov… DIVISION DOCKET NOS. A-1361-17T1 A-4119-17T1 JASON FAIRCHILD, Petitioner-Appellant, v. BOARD OF TRUSTEES, POLICE … 47 (App. Div. 2019), which was issued after the agency's determination, we conclude there is no merit to petitioners' … the bill, which became N.J.S.A. 43:16A-5(3), to support their reading of the statute. The statement …
- A-2889-16T2 Opinionnjcourts.gov… petition and brief and make the best available arguments in support of them."). 4 The certification was not based on … From the record provided, it appears that the only legal support defendant supplied his attorney at the time was a …
- A-5595-15T1 Opinionnjcourts.gov… during the grand jury hearing. Despite the PCR judge's determination that defendant's petition was time-barred … explained that defendant failed to satisfy the "threshold determination of prosecutorial knowledge[,]" State v. Carter, … we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
- A-1287-16T2 Opinionnjcourts.gov… only upon the establishment of a prima facie [case] in support of post-conviction relief." R. 3:22-10(b). "To … "Rather, defendant must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
- A-0854-15T3 Opinionnjcourts.gov… and NJM as her insurer. We defer to the trial court's determination that this alleged conflict was not a subject … afterwards. The judge made detailed credibility findings in support of her decision. After carefully considering the … to the judge's credibility findings and her overall determinations of fact, including her critical finding that …
- A-5223-16T1 Opinionnjcourts.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 …
- A-3133-15T2 Opinionnjcourts.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 …
- A-5425-13T3 Opinionnjcourts.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 …
- 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 …
- A-2528-21 – STATE OF NEW JERSEY VS. LEWIS HOOPER (13-06-0768, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… the hearing, the court found the evidentiary record did not support a charge on self-defense and barred defendant from … pursuant to State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his … video was played at [his second] sentencing in front of children without warning." Judge Flynn denied the petition …
- njcourts.gov… preclude AAA from trying its case and . . . asking for a determination at the end of the trial or at the end of … slept on its rights to create an equitable defense to support applying laches. II Before us, Saundra argues the … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank v. Providence …
- njcourts.gov… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …
- A-2355-21 - GIUSEPPE RIBAUDO VS. CITY OF GARFIELD, ET AL. (L-0327-21, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… plaintiff could not establish the necessary elements to support the claim, particularly the existence of a special … should have conducted a Lopez3 hearing before making the determination.4 We review the trial court's decision on a … N.J. 545, 555 (2000). We discern no error in the court's determination that the discovery rule was inapplicable here. …
- njcourts.gov… of someone who was thought to be brain-dead to cut off life support, like a respirator.” Karen Ann Quinlan was the first … nation that raised issues regarding the removal of life- support. The problem was that whoever unplugged her …
- A-2405-21 – ANDREW RICHMOND VS. DEREK KHOROZIAN, ET AL. (L-5044-19, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the Survivorship Act, N.J.S.A. 2A:15-3. Plaintiff initially supported this action with an Affidavit of Merit ("AOM") … (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or … 181 N.J. 354, 365 (2004) (explaining that a 11 A-2405-21 determination as to whether dismissal is appropriate requires …
- A-2692-21 - SILVESTER AND YONGJIE TUOHY VS. DIRECTOR, DIVISION OF TAXATION (TAX COURT OF NEW JERSEY) Opinionnjcourts.gov… of the resident credit. Following a hearing and final determination from the Director, the Tax Court affirmed the … protest, and the Director issued another final determination affirming the 2017 deficiency notice. … as they had in opposition to summary judgment, did not support their positions with legal authority, and merely …