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… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … assertions' in certifications without explanatory or supporting facts will not defeat a meritorious motion for … record, we are satisfied plaintiff failed to allege facts supporting a damages claim that could have survived summary …
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… judge noted plaintiffs failed to provide "any authority to support the repeated assertion that 'design immunity does … property must present evidence satisfying each element to support a cause of action under N.J.S.A. 59:4-2. Polzo II, … maintain the area adjacent to Milepost 137.3 are factually supported by the record because the issue was not presented …
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… N.J. 563, 570 (1980)). We discern no bases in the record to support dismissal of Dalal's first complaint with prejudice. … we are unpersuaded that Dalal's late service of the motion supports barring reinstatement of his claims. Pursuant to … Rule 4:6-2. Because defendants did not provide their papers supporting their motion to dismiss, we are unable to review …
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… court conducts a Gross hearing and renders credibility determinations and related factual findings. See State v. … State v. Dalziel, 182 N.J. 494 (2005). These "credibility determinations are entitled to deference and [the court's] … findings must 13 A-1861-21 be sustained as long as they are supported by sufficient, credible evidence in the record." …
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… process; (4) public policy weighs against PERC's determination; and (5) the consent decree compels federal … any public employer or majority representative, to make a determination as to whether a matter in dispute is within the … examination into whether the decision lacks sufficient support in the record or 10 A-2993-21 involves an erroneous …
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… 21, 2023, the court entered an order granting the motion supported by a written opinion. The court found: "[E]lement … v. Lora, 465 N.J. Super. 477 (App. Div. 2020)] for a determination whether the officer induced or caused the … dismissal of the indictment. The court's subsequent determination that failure to advise the second grand jury of …
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… undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … Castello v. Wohler, 446 N.J. Super. 1 (App. Div. 2016), to support their position that the motion judge erred in … their claims. 18 A-3356-22 Plaintiffs provide no legal support for this extraordinary relief. Because we discern no …
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… their arguments, and the agencies each adopted the ALJ's determination with slight modification. The municipalities now … capricious or unreasonable, or that it lacked fair support in the evidence." In re Carter, 191 N.J. 474, 482 … (1963)). If there is substantial evidence in the record to support the agency's decision, "a court may not substitute …
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… Lichty's testimony about defendant's movements and supported Lichty's belief in his training and experience … earlier findings and found no basis to depart from its determination that the State met its burden to show the police … trial court its appropriate deference in its credibility determinations and factual findings and inferences, we find no …
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… negotiations, the desired taking lacked a public purpose to support condemnation, and opposed the order to show cause. … reverse those findings only if "they are so manifestly unsupported by or inconsistent with the competent, relevant[,] … offer. Mariana could have provided credible information to support its counteroffer but elected not to do so. Instead, …
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… the trial court determined Sekiguchi's "evidence d[id] not support a motor vehicle accident." Regarding the allegation … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" …
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… alleged." The court also found sufficient evidence to support the indictment, which "adequately identifie[d] and … 687-88. Defendants "must allege specific facts and evidence supporting [their] allegations." State v. Porter, 216 N.J. … when: (1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … detention of defendant, there was insufficient evidence to support the detective's conclusion that defendant was armed … at the suppression hearing and develop the record in support of it but did not do so. Thus, we decline to …
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… addressed the three arguments defendant had presented in support of his petition. Specifically, defendant contended … only if : (1) he or she establishes "a prima facie case in support of [PCR]," (2) "there are material issues of … third element, "[t]he trial court must make a preliminary determination of whether there is independent proof of the …
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… he may have elected not to testify at trial. In his supporting certification, defendant claimed the police … during closing arguments; and 3) retain a medical expert to support defendant's claim of self-defense. Defendant also … arguments. Judge Daniel's decision is fully 8 A-4369-16T4 supported by the record and is legally sound. We offer only …
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… has been significantly diminished. In addition, to further support its decision to grant the stay and in an effort to … indictments, and defendant failed to cite any case law that supports the proposition that a stay in a civil proceeding … the time frame mandated by the Legislature; without any supporting case law that would allow such an order. …
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… section 40 lien, [Sansone] provides no facts or evidence to support an allocation of the third[-]party settlement other … Sansone's second 10 A-3638-17T1 compensation claim is supported by sufficient credible evidence. The order finds … 15 A-3638-17T1 situation is highlighted by the fact that in support of her argument in opposition to the motion to …
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… Valenzuela argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … professional standard, handbook, statute, or regulation" to support "his sweeping assumptions and opinions regarding … remains, [we] afford[] no special deference to the legal determinations of the trial court." Cypress Point Condo. Ass'n …
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… Retirement System (Board), affirming the Division's determination. We affirm substantially for the reasons … Passaic County PFRS employment. Recinos appealed the determination, and, on October 20, 2015, Kristin Bell, another … requested that the Board reconsider its decision. In support of his request, he submitted the purported expert …
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… to be "extremely credible and consistent with other supporting documentation, including Milano's submission to … Specifically, the Board found the ALJ's credibility determination of Roberson to be "flawed" because the ALJ never … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …