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… an "unmarked crosswalk" was neither factually nor legally supported by the evidence, the trial judge analyzed the … be considered an "unmarked crosswalk." Noting this legal determination stemmed from a "very fact-specific inquiry," the … principles, we discern no error with the judge's legal determination that the intersection in which the accident …
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… judge as to what counsel's motives might have been can be supported in the absence of an 4 A-1504-23 evidentiary … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … "record does not disclose when or how the judge made the determination to instruct as to the first-degree offense." …
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… argues the trial court erred because it "made numerous determinations of fact that were not undisputed on the record … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … concerning his comparative negligence, if any. Given our determination, we need not reach the parties' belated …
njcourts.gov
… 363, 382- 83 (2011). The plain error standard requires a determination of: "(1) whether there was error; and (2) … the witness' testimony or determining a fact in issue. In support of his argument, defendant refers to three instances … "to prove or disprove any fact of consequence to the determination of the action," and "the test for relevance is …
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… court engaged in an appropriate factual and legal analysis supporting its denial of defendants' motion and invalidating … and all permanent residents of the Unit, including minor children, hereby agree that any and all disputes with … 2).] "[S]tate contract-law principles generally govern a determination whether a valid agreement to arbitrate exists." …
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… all the facts and providing all applicable evidence to support the taxpayer's claim, must be submitted in order to … CBT for the years 1999 through 2004. To arrive at this determination, the Division had included in the liability of … the Tax Court issued on September 13, 2023 its remand determination. It ruled that N.J.A.C. 18:7-5.18(b)(3), as it …
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… presented that the police knew the caller's identity or to support their argument the call was fabricated by the … the caller's identity was unnecessary to ensure a fair determination of the issues raised. Further, the judge … 'disclosure of his identity is essential to assure a fair determination of the issues.'" Florez, 134 N.J. at 578. The …
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… 141 N.J. 292, 317 (1995)). Only when a court's fee determination "was based on irrelevant or inappropriate … that "all applications for the allowance of fees shall be supported by an affidavit of services addressing the factors … K.C.'s counsel appropriately submitted a certification in support of their motion for attorney's fees and cost, which …
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… as evidence of the existence of alternatives sufficient to support a claim of arbitrariness is a leap the facts do not … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … we have no reason to second- guess Judge Lucas's determination that "after reasonably considering 18 A-1005-23 …
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… mayor stated the governing body had made a "legislative determination" to obtain the property for use as a public … together with electric vehicle charging infrastructure." In support of this allegation, the borough again relied on the … in the exercise of its power of eminent domain, that determination is presumed valid and entitled to great …
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… approval for the settlement." In a certification in support of Acosta's motion for summary judgment in the lien … further argued the term "other resolution" in the FSA supported his contention the Torres matter resolved on … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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… Alpine. Central to both appeals is the Chancery court's determination that Angela, seeking to vacate default against … Thereafter, plaintiff moved for entry of final judgment. In support, plaintiff's counsel certified that the pleadings … trial court's discretion will not be disturbed unless its determination lacked "a rational explanation, inexplicably …
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… plaintiff filed an affidavit of services and documents in support of its application for attorney's fees. On March 4, … this [c]ourt affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … court accords significant deference to the trial judge's determinations of fee awards and will "disturb[] [those …
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… September 28, 2022" but NJM cites only to its complaint as support for this statement. The complaint does not contain … controversy doctrine based on the Special Civil Part's determination in its favor in the prior action between it and … followed. III. We begin by addressing the trial court's determination that NJM's claims against Lallygone were barred …
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… opposed the motion, arguing they established facts supporting their entitlement to coverage under the Business … before plaintiffs had an opportunity to develop evidence supporting their claim the virus exclusion is unenforceable … to -13, and argue the requested information may have supported their contention the virus exclusion is …
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… evidence anew but merely determine[] whether the evidence supports the judgment of conviction." Johnson, 42 N.J. at … [made] . . . concurrent findings of fact and credibility determinations." Ibid. Therefore, appellate review of the … judge deferred to the municipal court's credibility determinations but independently came to the same conclusions. …
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… capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, … Plan. Bd., 291 N.J. Super. 1, 6 (App. Div. 1996). Determinations on questions of law in land use matters are … presented" only two dormers for a zoning permit determination. Thereafter, the January 2019 amended COA …
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… failure to call Cory Benning as a defense witness. In support of this argument, defendant produced certified … my own volition . . . . 2. Recently I wrote a letter to a childhood friend I grew up with, Kal S. Mitchell . . . while … factors informing that decision, we defer to that determination. Carter, 69 N.J. at 427. In our view, the judge …
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… any interim benchmarks, as these directional policy supports '[were] designed to be living documents to be … suggests conditions its rulemaking on DEP's discretionary determination of necessity. We reject petitioner contention … DEP the discretion to condition its rulemaking on a determination of necessity. In reviewing the legislative …
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… the swing set "was placed in an area where he could see his children and not be exposed to conditions which potentially … 8 A-0046-21 but rather maintain[ed] it for use of his children and . . . for their enjoyment." Nor could plaintiff support a claim under the LAD because "the easement [wa]s …