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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. …
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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." …
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njcourts.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." …
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njcourts.gov
… and discuss options such as trial." To 7 A-2766-19 support his amended petition, defendant certified although … barred, defendant failed to make a prima facie showing in support of his ineffective assistance of counsel claim. …
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njcourts.gov
… knew Newmones because he was the father of her sister's children. Lamb testified that she gave Newmones two … findings based on live testimony so long as they are supported by "sufficient credible evidence in the record." … law and fact, [this court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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njcourts.gov
… years after defendant's 2001 conviction, and there was no support for defendant's contention the Court's 2003 decision … PCR claim is premised on a factual assertion that finds no support in the competent evidence. Defendant argues his …
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njcourts.gov
… the order under review here. 2 The Board submitted a letter supporting defendant's arguments on appeal. 3 A-0416-21 … arbitrary, capricious, and unreasonable; was otherwise unsupported by sufficient facts; violated the law; and … constitutional questions"; (2) "informal or ex parte determinations of legal questions by administrative …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … (App. Div. 1999). However, we review the trial court's determinations on legal issues de novo. In re Pantano, 428 … proof of fraud against" BANA. The record supports that determination. Defendant has not provided any evidence or …
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njcourts.gov
… N.J. Super. 378, 382 (App. Div. 2015). A-2688-20 6 The determination whether plaintiff satisfied the AOM statute is a … who are defendants in medical malpractice actions is also supported by and consistent with the stated purpose of the … Id. at 235. It concluded: "There is simply no textual support for the application of the like- qualified …
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njcourts.gov
… fundraisers to fund its law enforcement activities in support of its mission, and accepts donations on its … N.J. Super. 278, 286 (App. Div. 2013). A trial court's "determinations with respect to the applicability of OPRA are … are beyond the scope of an ordinary demand." The record supports the trial judge's finding that plaintiff's request …
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njcourts.gov
… an application with the [c]ourt for a[n] extended term." To support this argument, he certified 1 The Rule provides, in … disagree and add the following comments. Here, the record supports the judge's findings that: (1) the State filed an …
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njcourts.gov
… County. We affirm. I. We review the OAG's administrative determination in accordance with a deferential standard of … court "should not reverse the Attorney General's determination unless it is arbitrary, capricious or 3 A-1607-20 unreasonable or it is not supported by substantial credible evidence in the record as …
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njcourts.gov
… owners for damages caused to the common elements; that determination is inconsistent with the nature of the … elements. That investigation led to Berman & Wright's determination that water was seeping into the building and … of the [b]uildings." The section of the master deed that supports the motion judge's determination that the windows …
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njcourts.gov
… substantive. If it is but one step in the ladder to final determination and can effectively aid a court function, it is … Moreover, ABC presented no legally competent evidence to support its claim 4 ABC's counsel indicated at oral argument … to be applied prospectively only. The caselaw ABC cites in support of this position, however, relates to substantive …
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njcourts.gov
… to compel arbitration and stay plaintiffs' action. In support of its motion, Ladenburg provided two affidavits of … of evidence on motions. The Rule requires affidavits supporting motions to be based "on personal knowledge, …
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njcourts.gov
… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
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njcourts.gov
… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
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njcourts.gov
… a 'continuing pattern' of anti-social behavior." To support her argument, defendant cites our Supreme Court's … prosecutor's consideration of all other factors is amply supported by the evidence in the record. Affirmed. … …
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njcourts.gov
… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … applicable law. Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …