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- njcourts.gov… of cocaine from Burns to defendant Vaughn Williams.2 In support of the wiretap application, the affiant submitted a … record, we determined oral argument would assist our determination of this appeal, and notified the parties to be … have not challenged the issuing judge's probable cause determination. We are therefore satisfied defendants have not …
- njcourts.gov… denied M.M.'s appeal from the Assistant Commissioner's determination and rejected her request that the matter be … for our discussion of M.M.'s appeals from two other determinations we address in this opinion. A-4038-17 In July … claim, noting M.M. "presented no substantive evidence" to support the argument. We consider M.M.'s appeal from the …
- NICOLE PICKET, ETC. VS, MOORE'S LOUNGE, ET AL. (L-5298-15, HUDSON COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… we will not engage in a strained construction to support the imposition of liability or write a better policy … As noted, we will not "engage in a strained construction to support the imposition of liability." Templo Fuente, 224 … Our interpretation of the Northfield exclusion also finds support in the persuasive decisions of other courts. We …
- njcourts.gov… -4- planning board to extend the subdivision approval. To support the application, Pella asserted the expenditure of … is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” … change and determine whether it can render its required determination based on the papers.” 66 East Allendale, 216 …
- PC7 REO, LLC VS. JOANNE JOHNSON, ET AL. (F-006215-20, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… redeem the certificate and preserve the excess equity. In support of her claim that the property had a fair market … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial … under subsection (f) of Rule 4:50-1 and remand for a determination by the trial court of: (1) whether Johnson has …
- njcourts.gov… does not apply retroactively to final administrative determinations adjudicated by the GRC. The subsequent Supreme … VI, §5, ¶4. Judicial review of quasi- judicial agency determination is limited. Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann,192 N.J.19, 27-28 …
- njcourts.gov… breach of contract and tortious interference claims were unsupported by the record. As noted, the court granted … failed to identify a genuine issue of material fact to support any claim of a "breach or related contractual … and $500,000, respectively, we agree with the court's determination this error did not change the fact defendant …
- njcourts.gov… application. The Board affirmed the Division's determination and denied petitioner's request. In addition to … petitioner's request. Petitioner appealed the Board's determination and requested an administrative hearing. She … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
- njcourts.gov… collectively gave him $8,000. Fuqua produced no evidence supporting this allegation, arguing that the State's delay … meaningfully prejudiced as a result of the State's delays supports the trial court's order reinstating the complaint. … of the warrants. He offers no 16 A-1253-20 evidence supporting this assertion. According to hearsay evidence …
- njcourts.gov… to partial takings and has no impact on the issue for determination. 8 Further, it is procedurally improper for … already owned by the State. There is no legal authority to support an amendment of the declaration of taking under the … marks omitted). The fact that the Court’s ultimate determination is that the condemnation action constitutes a …
- njcourts.gov… inference from spoliation. None of these arguments are supported by the record. 14 A-4790-15T2 Spoliation involves … The court found that plaintiff never developed evidence supporting the spoliation claim and, therefore, there was no … and correct and the rulings concerning spoliation were supported by the law and the material facts. Affirmed. … …
- STATE OF NEW JERSEY VS. ISAAC D. JERDAN (13-09-2758, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to the Supreme Court. 8 A-0099-17T4 In his certification in support of PCR, defendant stated he was interviewed by his … conduct an evidentiary hearing, we review the PCR judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … Preciose, 129 N.J. at 462. We review the PCR court's determination to proceed without an evidentiary hearing for …
- STATE OF NEW JERSEY VS. FUQUAN STRIBLING (09-11-0986, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… but shared an office address. In his sworn affidavit in support of his petition, defendant alleged "there was a … to conduct an adequate investigation as lacking in factual support . Finding that defendant had failed to set forth a … 9 A-3592-16T1 must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
- njcourts.gov… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or under-valuation … reasonable minds might accept the evidence as adequate to support the jury verdict." Kulbacki v. Sobchinsky, 38 N.J. … Dolson, 55 N.J. at 7; R. 2:10-1. We must make our own determination as to whether there was a miscarriage of …
- njcourts.gov… an application for site plan approval. A-2655-16T3 4 have children; at the time of the hearings in 2015, there were … Board found the testimony failed to provide any evidence to support the premise that non- A-2655-16T3 7 age restricted … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
- njcourts.gov… and was not "the product of coercion." The judge found support for his decision that "[d]efendant clearly … State v. W.B., 205 N.J. 588, 602 n.3 (2011). Further, the determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
- njcourts.gov… also heard 6 A-1178-16T1 testimony from defendant, his children, and his neighbor. The court found that defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Municipal Court's findings of fact. The State supported Ordonez's testimony with seventy-nine photographs …
- njcourts.gov… 22, 2017, plaintiffs filed a motion for reconsideration. In support of that motion, plaintiffs submitted two affidavits … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are … was in question). Accordingly, if on remand there is a determination that Edgar was acting under the direction and …
- STATE OF NEW JERSEY VS. DAVID P. GIORDANO (13-03-0819, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… v. Bilek, 308 N.J. Super. 1 (App. Div. 1998), does not support defendant's argument. In that case, the defendant … in an apartment setting." Ibid. Bilek thus provides no support for the conclusion that the landing on the second … in State v. Bonano, 59 N.J. 515 (1971), also does not support defendant's argument. There, the Court considered …
- njcourts.gov… These select transactions, on their face, appear perhaps to support the theory of the plaintiff's case. However, while … imposing punitive damages. II. Our review of the final determinations made by the trial court sitting in a non-jury … reach of process. Both inquiries involve fact-specific determinations that must be resolved on a case-by-case basis. …