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- njcourts.gov… Here, the idiosyncratic facts of this case overwhelmingly support the judge's conclusion that there was no meeting of … the estate's complaint.4 Affirmed. 4 As a result of our determination, we need not reach the estate's contention that … the one-year limitations period set forth in the provision supports our conclusion that there was no meeting of the …
- njcourts.gov… whether a party waived its arbitration right is a legal determination subject to de novo review[,]" however, "the … Therefore, a common sense reading of the agreement supports plaintiff's obligation to assert her claims in … nursing home or assisted living facility are enforceable if supported by consideration. See also Marmet Health Care …
- STATE OF NEW JERSEY VS. JOHN S. PARKIN (16-05-0437, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… was likewise voluntary, there is nothing in the record to support defendant's bald assertion that it was not. … he passed the note demanding money. So too, there is no support for defendant's bald assertion that he was coerced …
- njcourts.gov… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
- STATE OF NEW JERSEY VS. RENE M. JACKSON (14-04-0874, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
- njcourts.gov… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
- njcourts.gov… wantonly vile, horrible or inhumane." The evidence at trial supported those findings because defendant told the jury … the insanity charge over his objection. The record does not support that bald assertion. In short, by contrast to the …
- njcourts.gov… capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, 192 … the agency's decision involves "predictive or judgmental determinations" that implicate the agency's administrative … Nicholas, 213 N.J. at 480. We reverse an agency's determination only when it "flout[s] the statutory language …
- njcourts.gov… the course of two trials and that the court decisions were supported with reasoned opinions. Finally, as to the party … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … same class solely because he had once suffered an adverse determination when the facts or the law were different." Id. …
- njcourts.gov… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4610-17T1 CHILDREN OF AMERICA, INC., and CHILDREN OF AMERICA … under the same docket number as the action on appeal and supported it with its counsel's certification. Pavilion … without leave granted, the judgment or administrative determination must be final as to all parties and all issues." …
- njcourts.gov… and coaches "had given character statements in his support," but the prosecutor failed to consider these … judge found, appears somewhat implausible. The reasons that supported defendant's application included his participation …
- njcourts.gov… at deposition that she did so only because one of her children was ill, and she desperately needed to reinstate … to establish that competent, credible evidence existed to support each of the elements of [her] negligence action, … of the agreement, there is nothing in the record to support that the Judiciary would have agreed to such a term …
- IN THE MATTER OF JENNIFER ROSENSTOCK (CP-0227-2007, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of alienation and by 2016 had relieved Joel of any and all support obligations for Jennifer based on Sandra having cut … acknowledging it was "[v]ery hard for [it] to make [a] determination as to what's going on here, the dynamics between … position that the plenary guardianship should continue and supported institution of a limited guardianship. Although …
- njcourts.gov… stable" with his chronic illness in "[g]ood control." In support of his motion, defendant submitted certain prison … With but a single exception, her findings are amply supported by the record.6 We discern no basis to overturn …
- njcourts.gov… spouse. She asserted a claim based on the loss of Singh's support, society, services, and consortium. 3 A-5482-18T4 … R. 4:46-2(c). Here, the facts material to the coverage determination are not in dispute. The interpretation of an … that accompanied the enactment of N.J.S.A. 17:28-1(f) supports our conclusion that the statute was intended to …
- njcourts.gov… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
- njcourts.gov… voting. She also found no evidence in the record to support plaintiffs' contention that the voting constituted … meetings. Put simply, plaintiffs provide no authority to support their argument that the vote for Item P.23 should …
- STATE OF NEW JERSEY VS. PHILIP D. ZACCHE (L-0594-19, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… statute survives a substantive due process attack if it is "supported by a conceivable rational basis." Ibid. (citations … fits within this statute. Moreover, the pertinent facts supporting our conclusion were established when defendant …
- STATE OF NEW JERSEY VS. ISIAH C. COOPER (18-01-0147, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the following arguments: POINT I BECAUSE THE AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT WAS NOT BASED ON PROBABLE … 61 N.J. 83, 87 (1972)). Courts must base a probable cause determination on the totality of the circumstances. State v. … we give "substantial deference" to the trial court's determination. State v. Kasabucki, 52 N.J. 110, 117 (1968). …
- STATE OF NEW JERSEY VS. DONALD J. EBERT (13-08-0917, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… held only if a defendant presents "a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 … brief correspond to the notice of appeal which does not support this or his other factual contentions about trial … objection or filing a motion to withdraw his plea.4 His unsupported claims do not establish a prima facie case. Nor …