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njcourts.gov
… foreclosure action to continue. 4 A-4586-15T2 judicial determination. Trs. of Local 478 [Trucking & Allied Indus. … as it solely states legal conclusions without any factual support contrary to [Rule] 4:5-4. Lastly, [d]efendants' … served defendants with its moving papers accompanied by a supporting affidavit and certification. See R. 4:64-1(d)(1); …
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njcourts.gov
… We only add that defendants cite no controlling law to support their position, and we agree with the court's … make a prima facie CFA claim. We review a trial court's determination on a motion to amend a pleading for a "clear … of the ultimate merits of the amendment,' those determinations must be made 'in light of the factual situation …
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njcourts.gov
… excessive because "it was based on aggravating factors not supported by the record." The sentencing court found … offense of burglary." Accordingly, he argues "the record supports a finding under N.J.S.A. 2C:43-6(b) that [he] be … v. Kruse, 105 N.J. 354, 363 (1987), we will disturb its determination only if it represents a "clear error of judgment …
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njcourts.gov
… second employee he was "going to fuck [her] up and [her] children." 3 A-3224-20 In the course of investigating these … against defendant's admission to PTI, while five factors supported admission and two factors were not applicable. … used words to threaten violence against that person and her children, a threat she believed to be credible. 11 A-3224-20 …
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njcourts.gov
… counsel. Defendant also cites Padilla, 599 U.S. at 356, to support the theory that the Strickland standard can be met … add the following comments. Defendant relies on Padilla to support its claim that the Strickland test for ineffective … plea. We "owe deference to the trial court's credibility determinations . . . because it has 'a better perspective than …
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njcourts.gov
… attempted to challenge the trial court's interlocutory determinations concerning counsel fees issues. Id. at 28-29. … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … judge unless . . . convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… on N.J.R.E. 101(b)(1) (2005)). "We review the judge's determinations, premised on the testimony of witnesses and … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant, … that the trial court's decision constitutes a legal determination, we review it de novo." Ibid. (citing Manalapan …
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njcourts.gov
… defendant argues the judge's findings were "manifestly unsupported by the competent, . . . and reasonably credible … court are generally binding on appeal, provided they are "supported by adequate, substantial, credible evidence." … findings unless those findings appear "so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… plaintiff cannot provide any nonspeculative evidence to support a causation theory based on the position of the … J & J and its driver, is incorrect and encroached upon a determination that could only have been made by a jury. … tape affixed to the rear impact guard and vertical supports. Defendant further argues because neither decedent …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 65 N.J. 474, 484 (1974)). "We defer to the credibility determinations made by the trial court because the trial judge … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
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njcourts.gov
… misrepresentation, and negligent misrepresentation were unsupported 7 A-2160-21 in the pleadings. The court examined … Oparaji's amended complaint pled sufficient facts to support his diverse theories against MAR, TAG, and the … found defendant[] failed to offer credible evidence to support their counterclaim. . 461 N.J. Super. 166, 170 (App. …
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njcourts.gov
… the court rule on which they based their motion. In support of the motion, defendant submitted several documents … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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njcourts.gov
… to seven minutes. Defendant relied on this testimony in support of his argument that had Dunn reviewed the … to establish ineffective assistance of counsel, are well supported by the record. Affirmed. … a0912-23.pdf … …
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njcourts.gov
… and comprised of train tracks, sheds, and stanchions supporting the building. The board held fourteen public … discretionary decisions of local [land use] boards that are supported by substantial evidence in the record and reflect … discretionary authority . . . ." Jock, 184 N.J. at 597. Determinations on questions of law in land use matters do not …
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njcourts.gov
… POINT III: THE DE NOVO COURT ERRED BY MAKING FINDINGS UNSUPPORTED BY THE RECORD. 6 A-2416-23 II. "We review the … Was there sufficient credible evidence in the record to support the trial court's finding that the State failed to … on the record the right to appeal from the adverse determination of any specified pretrial motion.'" State v. …
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njcourts.gov
… plaintiff cannot provide any nonspeculative evidence to support a causation theory based on the position of the … J & J and its driver, is incorrect and encroached upon a determination that could only have been made by a jury. … tape affixed to the rear impact guard and vertical supports. Defendant further argues because neither decedent …
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njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … delay damages. However, the complaint and the record do not support Lessner's argument that the surety agreed to …
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njcourts.gov
… affirm. "The scope of appellate review of a commitment determination is extremely narrow. The judges who hear SVPA … of 'sexual compulsion.'" Id. at 129. The same standard that supports the initial involuntary commitment of a sex … "an appellate court should not modify a trial court's determination either to commit or release an individual unless …
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njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … to suppress the confirmatory photograph identification was supported by credible evidence. Rodriguez identified one of …
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njcourts.gov
… of law and certifications from defendant and his mother in support of the relief sought. Defendant certified, based … to this court that defendant did not file an affidavit in support of his Slater motion; and (5) trial counsel failed …