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… with prejudice. Because we see no error in the court's determinations that plaintiff failed to: (1) file an affidavit … that needs to be dismissed based upon the case law." That determination is contrary to established case law. See, e.g., … misstatement and repeated it in a certification and brief supporting a motion to dismiss, and the court failed to …
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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … by the pleadings or otherwise, and is submitted for determination, and is determined." Allesandra v. Gross, 187 … contract '[w]hen an insurance policy's language fairly supports two meanings, one that favors the insurer, and the …
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… officers in another patrol car were dispatched to support the impending arrest. The four officers approached … defer to the court's factual findings so long as they are "supported by sufficient credible evidence in the record." … possessions there." Thus, there is no factual foundation to support the State's argument that defendant resided there …
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… BECAUSE THE COURT FOUND AGGRAVATING FACTORS THAT WERE NOT SUPPORTED BY THE RECORD, INCLUDING ONE THAT WAS REJECTED BY … for thirteen years, defendant and his wife had three children together. A party bus provided round-trip … "if evidence is relevant and necessary to a fair determination of the issues, the admission of the evidence is …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … to plaintiff, the record as a whole simply does not support an inference that defendants' actions constituted … gauzy or merely suspicious' allegations of fact in support of the claim" will not forestall summary judgment …
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… if so, there must "be a rational basis in the evidence to support a charge on that included offense." State v. … girlfriend, with whom the decedent co-parented five children. The court granted the State's unopposed motions: … at 127. Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and …
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… statement Olivo provided to new counsel's investigator in support of his motion. In the summary, Olivo claimed he … apartment complex, she may have uncovered information to support the report defendant had received from Olivo that … over the past several months. That information would have supported what defendant claimed he told his counsel — that …
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… detention hearing. This fact alone is insufficient to support a finding that A.S. served as a witness within the … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … waived his Miranda rights beyond a reasonable doubt is not supported by sufficient credible evidence. It is apparent …
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… to Rule 2:6-2(a)(5), all factual claims on appeal must be supported "by references to the appendix and transcript." … The judge provided the following explanation to support of his decision: Plaintiff also contends that Mayor … 16 N.J. 599, 612 (1954). Zoning boards must make factual determinations based on the record developed before them and …
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… accuracy of that submission, as well as the accuracy of the supporting Daily and Monthly Reports of Operation. g. Shall … New Jersey Transit contracts. ii. Ensure that accurate supporting documentation is submitted with invoices to New … (1995). An appellate court "will not overturn an agency determination unless it is arbitrary, capricious, or …
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… will proceed. You are the sole judges of the facts. Your determination of the facts is to be based solely upon the … all, each witness is either corroborated or contradicted, supported or discredited by other evidence; whether the … matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not …
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… facts in the movant’s statement which are sufficiently supported will be deemed admitted for purposes of the motion … issued a Notice of Assessment Related to Final Audit Determination for tax years 2006 through 2012 finding … Brill v. Guardian Life Ins. Co. of America, thusly: [T]he determination whether there exists a genuine issue with …
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… were not sales but a swap with an arbitrary sale price. It supported these arguments with testimony of its assessor and … sales is also reasonable. However, without proof in support of the assessor’s theory (such proof being for … one sale is insufficient to conclude a credible value determination because it cannot reasonably be considered …
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… the "personnel files might include helpful information, unsupported by the facts, is insufficient to justify an in … reviewing court gives substantial deference to a judge's determination that probable cause existed to issue a search … so long as there is "substantial evidence in the record to support the informant's statements." State v. Keyes, 184 …
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… Memorial Hospital. 10 A-2919-15T2 reversed the Division's determination and remanded the matter to the Division for … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … previously expressed in any official and explicit agency determination, adjudication or rule, or (ii) constitutes a …
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… "prejudicial" to NJM. From our review, the record does not support these conclusions. We therefore reverse the order … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. …
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… testimony. This crossed the line from suspicion to fact, supported only by the officers' interpretation of the video … cause such a 16 A-1682-14T3 result. "Aid" means to assist, support or supplement the efforts of another. "Agree to aid" … supra, 117 N.J. at 418-19. Factors pertinent in this determination include: (1) "the quantity of intoxicant …
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… 1). We accept those findings of the trial court that "are supported by sufficient credible evidence 10 A-4834-13T2 in … specific variables that a court must consider in making determinations of suggestiveness. Id. at 288-93, 301-02. … reliability of the identification. Id. at 232- 33. In its determination of reliability, a court reviews "the opportunity …
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… of Detective Valladares’s testimony, the affidavit in support of the warrant to search defendant and his … and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly … has the burden to prove ‘that there was no probable cause supporting the issuance of the warrant or that the search …
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… the record reveals scant competent evidentiary material to support their claim. Neither Frank nor Nancy submitted … they did not utter the word forgery. The sole evidential support for their forgery allegation is found in Visci's … and the Visci law firm was inappropriate. Because of this determination, it is unnecessary to address the issues raised …