Filters
- A-2448-14T2 Opinionnjcourts.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, …
- A-0416-21 Opinionnjcourts.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 …
- A-3502-18T3 Opinionnjcourts.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 …
- A-0692-18 Opinionnjcourts.gov… has failed to provide the pertinent parts of the record supporting his ineffective-assistance-of-counsel claim and, … arguments requested by the defendant that the record will support ," and, "[i]f defendant insists upon the assertion …
- A-2879-19 Opinionnjcourts.gov… in her affidavit. Her deposition testimony does not support the argument that the accident "occurred directly in … notice of the water . Moreover, well-settled law does not support a finding of constructive notice based on the …
- A-3020-18 Opinionnjcourts.gov… ineffective assistance of counsel (IAC). Instead, with the support of defendant's verification and separate … v. Robinson, 200 N.J. 1, 20 (2009)). Here, the specifics supporting defendant's IAC claims on appeal should have been …
- A-4676-18 Opinionnjcourts.gov… of plaintiff's symptoms. The judge concluded the record supported the jury's verdict and found no juror misconduct. … by both sides after discussion and modification." Supporting his decision, he noted "it's not mandatory that … should have taken affirmative steps to make an objective determination of potential prejudice. The right to trial by a …
- A-3762-19 Opinionnjcourts.gov… appointed to represent defendant and submitted a brief in support of the petition. Counsel argued trial counsel … regard. 13 A-3762-19 Judge Escandon's findings are fully supported by the record. His legal analysis and conclusions …
- A-1716-19 Opinionnjcourts.gov… contention that there was insufficient evidence to support his conviction of attempted criminal trespass. The … was twice questioned by defense counsel on the record. In support of that argument, the State relies on the Supreme …
- A-0421-19 Opinionnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … doctrine' in this State because the record here does not support the asserted claim." 236 N.J. at 518. 9 A-0421-19 … and not 'ring[ing] true.'" We conclude the record supports Judge Ironson's credibility findings that there was …
- A-2470-18T1 Opinionnjcourts.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 …
- A-3875-19T4 Opinionnjcourts.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 …
- A-3730-18T1 Opinionnjcourts.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 …
- A-1841-18T2 Opinionnjcourts.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 …
- A-5201-18T2 Opinionnjcourts.gov… Authority (RT Authority) appeals from a final agency determination by the New Jersey Department of NOT FOR … arbitrary, capricious, or unreasonable in the DEP's determination, we affirm. I. The RT Authority, which is a … capricious, and unreasonable because it lacked factual support and ignored the unique nature of the WW Facility; …
- A-5662-18T2 Opinionnjcourts.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 …
- A-3767-18T1 Opinionnjcourts.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 …
- A-2561-18T3 Opinionnjcourts.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. …
- A-4610-17T1 Opinionnjcourts.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." …
- A-3580-18T2 Opinionnjcourts.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 …