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… 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 …
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… 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 …
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… 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. …
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… purpose to provide access to government records, and supporting caselaw. As we reviewed the facts in our prior … N.J. Super. 278 (App. Div. 2013) (reversing trial court's determination that association was not a public agency and … that appellate courts will disturb a trial court's fee determinations "in the rarest occasions, and then only because …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 1 … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … must file a brief and a statement of material facts in support of the motion. R. 4:46-2(a). The purpose of these …
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… She produced no medical records or expert testimony to support her claim of permanent injury, however. Although the … hearings in an attempt to gain sole legal custody of the children. Both attorneys explained they did not discuss the … (1989). Accordingly, we must "generously sustain" such determinations, so long as they are "supported by credible …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … On October 18, 2012, plaintiffs and their two adult children, Diana Pace (Diana) and Anthony Pace, Jr. (Pace … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… Concurrent Resolution No. 73 (1982), was submitted in support of defendant's motion to dismiss the complaint. The … limited its consideration of defendant's motion to a determination of whether there was a New Jersey statute … plaintiff for federal benefits. Therefore, the court's determination that a statute was required to extend the …
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… the evidence, viewed most favorably to the defendant, would support that justification, we focus on 'the evidence that … Viewed most favorably to the defendant, the evidence supported a finding that the officers used unnecessary and … for resisting arrest where the facts reasonably could support that defense constitutes plain error. Simms, supra, …
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… any suggestion the officer's statement of recognition supported an inference by jurors defendant had been involved … was improper speculation by the prosecutor to advance an unsupported theory that body parts had been refrigerated). In … would have aided our review, we are able to affirm the determination as the record contains 17 A-1399-15T3 sufficient …
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… any will prior to his death because he wanted all of his children to share equally in any Estate that he would … filed a motion for a new trial accompanied by a brief and a supporting certification by defendant's attorney. In the … 97 N.J. 429, 463 (1984)). However, "a trial court's determination is 'not entitled to any special deference where …
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… in numerous instances where "we were unable to find supporting documentation for the asserted facts"). In Points … of that issue — especially since "defendants offered no new support for this motion that was not set forth in their … defend its insured's third-party liability to another. To support their counsel fees claim, plaintiffs rely upon Myron …
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… right to testify at the first trial, the record does not support his claim that he was unaware of his right to … or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … asserts "[n]o evidence had been submitted in the trial to support that comment, the prosecutor posed no questions to …
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… testimony from several law enforcement witnesses "to support the defense that the handgun and other evidence were … to assert his right [to a speedy trial,]" and defendant's unsupported "claim of prejudice." 3 Co-defendant Green was … to produce any certification, expert or otherwise, to support his contention that a defense expert could have …
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… moved for reconsideration of the March 13, 2020 orders. In support of her motion, plaintiff relied upon various medical … to utilize Rule 4:42-2(3) to "revisit [the court's] prior determination. The motion judge explained that "[the Rule] is … as the trial court in our review of summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
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… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … juvenile offenders cannot proceed as though they were not children." Id. at 445 (quoting Miller, 567 U.S. at 474) … the Miller factors at that time "to take into account how children are different, and how those differences counsel …
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… and restoration of the matter to the trial calendar. In support of the motion, Blandino submitted a certification … of his September 16, 2020 letter. The motion was also supported by an affidavit of H. William Rutherford, III, in … a fee and one was not actually earned. [T]his theory is unsupported by evidence and has never been raised by the …
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njcourts.gov
… plea knowing and voluntary and that the factual basis supported the charges. Therefore, he accepted defendant's … the Miller factors at that time "to take into account how children are different, and how those differences counsel … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… on this review, the notice set forth the Zoning Officer's determination that "the Use Variance for horseback riding … Township." Appellant timely appealed the Zoning Officer's determinations to the Planning Board, namely the adverse … and therefore unaffected by the new zone's prohibitions. In support of his position, the expert noted there was no …
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… I. The SCESC provides educational auxiliary and remedial support and programs in the non-public school setting.2 The … requires that present and future generations of school age children be assured opportunity to develop to the fullest … for students with disabilities, including evaluation and determination of eligibility for special education, and …