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- CARLOS FAIBISCH VS. WAWA, ET AL. (L-0748-21, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… owed a duty to provide him safe passage to its store. In support, he contends Wawa "attracted and embraced business … "absence of an alternative route" is "critical" to a duty determination. Buddy, 469 N.J. Super. at 191 (quoting Kuzmicz, … and supported by both the law and the facts. A determination that Wawa owed a duty to do more here would not …
- njcourts.gov… to the alleged deviations from the standard of care. In support of his opinions, Dr. Reed cited literature regarding … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … applies to discovery extensions. See ibid. But "legal determinations based on an interpretation of our court rules" …
- njcourts.gov… policies like the [Zurich] policies lack any language supporting the expansion of the Appleman's rule and thus the [c]ourt is declining Chenault's unsupported request to apply the rule here. The judge further … or legal conclusions unless they are so manifestly unsupported by the competent, relevant evidence that …
- STATE OF NEW JERSEY VS. JASON W. VANDEREE (19-05-0357, PASSAIC COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… court's factual and credibility findings provided they are supported by sufficient credible evidence in the record." … law, 17 A-2329-21 we agree with that finding because it is supported by substantial, credible evidence. When the police … in imposing consecutive sentences. The record does not support those arguments; therefore, we affirm the sentence. …
- njcourts.gov… of the purposes of the [MLUL]. The variance therefore finds support under c(2) as the benefits outweigh any detriments. … purposes. A variance for freestanding signs clearly finds support under c(2) as that presents a better planning … the Board, the parties submitted briefs and documents in support of their respective positions. No 25 A-1989-21 …
- njcourts.gov… the supplemental briefs; Appellants having filed briefs in support of certification on their own behalf). Russell J. … by N.J.S.A. 2A:53A-27, plaintiff submitted an AOM in support of the validity of her claim. Dr. Joseph Fallon … to defendants’ motion on November 24, 2020, and in support submitted a letter from Dr. Tirissa Reid, a …
- njcourts.gov… correctly concluded that the complaint was sufficient to support a claim of design defect.”). II The Court draws the … benefits plans in a manner and to an extent require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiffs thus assert that, in seeking …
- njcourts.gov… heard oral argument and considered the papers submitted in support of the Motion and in opposition thereto, and for … plans in a manner and to an extent as to require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiff thus asserts that, in seeking …
- njcourts.gov… correctly concluded that the complaint was sufficient to support a claim of design defect.”). II The Court draws the … benefits plans in a manner and to an extent require a determination that such claims are preempted. They argue that … respective healthcare benefits plans to render a coverage determination. The Plaintiffs thus assert that, in seeking …
- njcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. Here, affording plaintiff all … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
- njcourts.gov… so vague that its impact, if any, was minimal." As further support, he relies on our recent decision in State v. … instructions," we "should give equal deference to the determination of the trial court" and reverse only when the … command that a sentencing judge 'take into account how children are different, and how those differences counsel …
- njcourts.gov… CONSPIRACIES TO MURDER WAS, BY THE STATE'S OWN ADMISSION, UNSUPPORTED BY SUFFICIENT EVIDENCE THAT IT WAS A CONSPIRACY TO … (NOT RAISED BELOW). A. THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE CONVICTION FOR CONSPIRACY TO MURDER EDUARDO … did, cause his death. Defendant's culpability is further supported by co-defendants' testimony regarding his response …
- STATE OF NEW JERSEY VS. JOHN DEROSA (10-06-1170, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to be weighed against the potential for prejudice. In support of that standard, defendant relies on pre- … decisions and academic commentators. Defendant also finds support for his position in our Supreme Court's rejection of … request to sequester them before trial, finding no legal support for such an order. Decisions regarding witness …
- njcourts.gov… SHOULD INVALIDATE THE PROCEEDING AND THIS BOARD APPROVAL DETERMINATION. POINT TWO THE BOARD ERRED BOTH PROCEDURALLY AND SUBSTANTIVELY IN ITS CONSIDERATION AND DETERMINATION AS TO THE NEED FOR A 10 FOOT BUFFER ON THE SITE … AND CONFIRMS THE LACK OF ADEQUATE PROOFS AND FINDINGS SUPPORTING THE BOARD ACTION. We approach the issues on …
- njcourts.gov… factual findings concerning jurisdiction if they are supported by substantial credible evidence. Id. at 358. We … 500-01 (1983)). Here, the record contains no evidence that supports piercing the corporate veils among the Wyndham … significant control over the Resort. At best, the trusts supported Wyndham Vacation's efforts to market rooms at the …
- njcourts.gov… to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … its reliability." Washington now argues this finding was unsupported. A detective from the computer crimes … to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of …
- STATE OF NEW JERSEY VS. JAMAL WADE (17-02-0125, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… A-4388-18T4 16 motor vehicles." In his affidavit in support of the application for the CDW, Pagano requested … warrants and communications data warrants as well as the supporting affidavit filed in this matter to members of the … Hartley, 103 N.J. at 262. A-4388-18T4 20 The record fully supports the trial court's conclusion that Wade voluntarily …
- njcourts.gov… Sandy, the building sustained damage to the roof and its supporting wooden trusses. Parko submitted a claim to Mercer … in damages. The trial court memorialized the appraiser's determination in a judgment, with counsels' consent. Parko … 234 N.J. 168 (2018). Mercer appeals from the court's determination of coverage. Parko cross- appeals from the …
- STATE OF NEW JERSEY VS. SHADE COOPER (16-12-1211, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… work. After defendant and Nicholas had dinner with their children, defendant went upstairs to bed. Because Nicholas's … the jury on the included offense of death by auto. In support of this argument, defendant relies upon State v. … testified that she had received a "military disability determination." She acknowledged that she could not return to …
- STATE OF NEW JERSEY VS. CARLOS ORTIZ (17-08-0438, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… law enforcement officers, forensic experts, the victim's children, and defendant. The facts established by that … the incident would not come out in the media, causing her children to suffer from people that "don't understand the … sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser-included charge must "jump[] off the …