-
njcourts.gov
… for a new trial , finding that it was untimely and not supported by competent evidence. In December 2015, defendant … prosecutors was an error and prejudiced the State. In support of that position, the State contends that RPC 3.7 …
-
njcourts.gov
… filter was recalled for its propensity to fail, and to support that assertion, he provided recall notices issued … We briefly point out, however, that a "gut feeling" cannot support a claim for bias— there must be an objective …
-
njcourts.gov
… of all reasonable factual inferences that those allegations support." Edwards v. Prudential Prop. & Cas. Co., 357 N.J. … of action[,]" something more than conclusory allegations to support their complaint. Printing Mart-Morristown, 116 N.J. …
-
njcourts.gov
… the file." Serulle argues Goldblatt's deposition testimony supported the inference Sosa had negligently performed … repair. Indeed, Goldblatt testified "[w]e did make a determination that the rock, it didn't happen within a couple … of the repair work. She also testified she did not make a determination of how long the sidewalk was in the allegedly …
-
njcourts.gov
… were never provided a copy of such documents thereafter. In support of their contention plaintiff engaged in predatory … problems. Second, there is no evidence from an expert supporting defendants' claim that extending the refinance …
-
njcourts.gov
… Sentence Was Excessive. B. The Award of Restitution Is Unsupported and Cannot Stand. (Not Raised Below). For the … We accept those findings of the trial court that are "supported by sufficient credible evidence in the record." … brief comments. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
-
njcourts.gov
… erred in not finding Salmorin violated the CFA. "Final determinations made by the trial court sitting in a non-jury … 205 N.J. 150, 169 (2011)). Although our review of legal determinations made by the trial court is de novo, we will not … unless we are "convinced that they are so manifestly unsupported by[,] or inconsistent with[,] the competent, …
-
njcourts.gov
… to be credible. The judge based his credibility determination, in part, on Kurz's twenty-eight years of … Judge Bury concluded there was sufficient reliable evidence supporting the municipal court's determination that Kurz's identification of the location of …
-
njcourts.gov
… judge declined to rely on this hearsay because it was not supported by a certification in compliance with Rule 1:6-6, … risk," it does not explicitly provide the necessary causal support for plaintiff's claim of faulty workmanship. We also …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … consented to the search of the backpack in the vehicle was supported by sufficient credible evidence in the record and …
-
njcourts.gov
… but was instead a foundational question about defendant's children. The second instance occurred when the prosecutor … MADE BY THE TRIAL COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. A. … DECISION TO TESTIFY, SINCE ITS FACTUAL FINDINGS WERE NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE ARISING OUT OF THE …
-
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … at 272. Arrests require "probable cause and generally [are] supported by an arrest warrant or by demonstration of …
-
njcourts.gov
… Deborah's parents. They purchased a home for her and her children. After Deborah moved into the property, she … a court should not engage in a strained construction to support the imposition of liability.")). An ambiguity exists … a court should not engage in a strained construction to support the imposition of liability." Longobardi, 121 N.J. …
-
njcourts.gov
… Meier v. D'Ambose, 419 N.J. Super. 439 (App. Div. 2011), support the proposition that a triple-net lease cannot … 388 N.J. Super. 392 (App. Div. 6 A-5163-17T3 2006), supports the proposition landowners remain liable for …
-
njcourts.gov
… Model Jury Charge. He concluded the record simply did not support a claim that defendant's waiver was not knowing and … and in fact, counsel had investigated their viability. In support of defendant's PCR petition, the witnesses submitted …
-
njcourts.gov
… Rule 4:34-3 to substitute U.S. Bank as plaintiff. Quicken supported its motion with a September 19, 2016 certification … defect. Finally, defendant argues, without any legal support, that "any requested relief should apply to [a] …
-
njcourts.gov
… contending that there was newly discovered evidence. In support of that motion, he presented a certification from an … his PCR counsel failed to retain a forensic video expert to support his petition. Second, defendant contends that his …
-
njcourts.gov
… of court in the presence of the judge. The court rule supports it. When there's a contempt in the presence of a … THE COURT PROVIDED NO FACTUAL FINDINGS OR CONCLUSIONS TO SUPPORT ITS IMPOSITION OF A SIX-MONTH CONSECUTIVE SENTENCE, …
-
njcourts.gov
… defect to be a "bare conclusion made without any credible support." The judge also concluded it was undisputed that … 520, 529-30 (1995)). 7 A-5649-16T1 Assertions that are unsupported by evidence "[are] insufficient to create a … written opinion. The record supports the judge's determination that Khanna Realty had no duty to inspect, …
-
njcourts.gov
… de novo. Hence, we ask two questions: does the record support the Board's underlying decision and did the Law … found JSM included water service in base rent without support in the record. We disagree. Hall alleged in her …