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njcourts.gov
… Franklin died on August 5, 2015. She was survived by three children, DeFazio, Louise Soden, and Kelly Ann Bell. It … and her daughter, Samantha Koch, filed certifications in support of DeFazio's claims. On April 13, 2017, the judge … the monies in the account to Soden. We note that factual determinations "made by the trial court sitting in a non-jury …
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njcourts.gov
… its independence from the government . . . ." In his supporting affidavit, Rahulan stated that he "did not … deference to a trial court's factual findings that are supported by substantial credible evidence in the record, 13 … "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
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njcourts.gov
… gave due deference to the municipal court's credibility determinations. The judge agreed with the MCJ's credibility … allowing doctors to possess syringes. The record does not support this assertion. Nor does it support the self- … boils down to a disagreement with the court's credibility determinations. We generally defer "to trial courts' …
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njcourts.gov
… contracts, "if the controlling language of a policy will support two meanings, one favorable to the insurer and the … and/or carelessness in the breach of the duty of care. In support of this assertion, plaintiff points to the April 18, … L.P., 700 F. Supp. 2d 1003, 1011 (N.D. Ill. 2010), to support its position that RLI is obligated to evaluate its …
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njcourts.gov
… The court stated, "the underlying circumstances . . . support the officer's reasonable and articulable suspicion … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … and distribution and not guilty of others does not support the grant of a new trial. The trial judge properly …
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njcourts.gov
… quotations. In a November 23, 2015 certification in support of plaintiff's cross-motion for partial summary … any law," misstate "any fact," or make "a credibility determination." This appeal followed. II. When reviewing a … v. Albert Lifson & Sons, Inc., 17 N.J. 383, 389 (1955). Determination of whether a duty exists turns on questions of …
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njcourts.gov
… to ensure the Painting’s authenticity and value and to support Gallery 63’s full guarantee of the originality of … the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of … pretrial discovery is necessary prior to the Court’s determination. However, Plaintiffs have not even suggested …
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njcourts.gov
… five of the State's witnesses had testified." A court's determination on whether to permit a defendant to represent … record created in response to defendant's motion does not support the denial of his right to represent himself, his … it shares the same attributes of all discretionary determinations, 19 A-4676-15T4 namely, it must be accompanied …
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njcourts.gov
… given by the judge and, further, that substantial evidence supported the jury's verdict. The parties stipulated that … request, ruling consistently with the court's prior determinations. Following completion of the State's case … defendant. Therefore, in agreeing with the trial court's determination that any expert testimony regarding the …
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njcourts.gov
… to be 'arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … (citation omitted) (alteration in original). To make that determination, we must examine (1) whether the agency's action … based on the 'agency's interpretation of a statute or its determination of a strictly legal issue,' we are not bound by …
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njcourts.gov
… resolution approving the application and remand for a new determination on the application's merits. For completeness, … capriciously, or unreasonably if its findings of fact in support of a grant or denial of a variance are not supported … Bd., 208 N.J. 95, 101 (2011)). Moreover, a board's determinations of questions of law are not entitled to …
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njcourts.gov
… garaged all of their vehicles in this State. In further support of their motion, movants argued Nationwide committed … the law of the place of the contract will govern the determination of the rights and liabilities of the parties … per victim because testimony from Braswell does not support this conclusion, whereas the judge found it did. The …
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njcourts.gov
… Wilson died intestate in 1927, and was survived by four children named Michael Wilson, Sarah Lakritz, Gerald Wilson, … The court found 90% of the hours "were expended in support of the partition action," versus Merrick's … see Rendine v. Pantzer, 141 N.J. 292, 317 (1995) ("fee determinations by trial courts will be disturbed only on the …
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njcourts.gov
… THE PLAINTIFF PROVIDED AN ADEQUATE EVIDENTIAL FOUNDATION IN SUPPORT OF SUCH CHARGE. POINT III: SINCE THE DOCTRINE OF … a thermal injury and, therefore, "the jury's final determination as to proximate cause was completely … risk was thermal injury. In light of the jury's determination defendant's deviations from accepted standards …
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njcourts.gov
… the jury was able to view the recordings and make its own determination, based on competent testimony, as to whether … Schiffner testified in detail concerning the findings supporting her forensic analysis of the DNA evidence, it was … deem the inaccuracy on the verdict sheet to affect its determination based on the evidence presented and the court's …
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njcourts.gov
… even viewing plaintiffs' claim with liberality, there is no support that defendants intentionally destroyed the TMS logs … relied on materials outside the pleadings. For example, in support of its motion, plaintiff appended copies of: … plaintiff relied on materials outside the pleadings in support of its motion to amend the complaint, the court did …
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njcourts.gov
… it in part. Specifically, we concur with the court's determination that, as a matter of the law, the record … documents, including the proof-of-mailing register, clearly support the trial court's finding that NJM mailed a letter … part company, however, with the trial court's conclusive determination that NJM demonstrated its compliance with …
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njcourts.gov
… occurred because the front wheel of her rollator hit a roof support column situated in the middle of the aisle that was … McCuen opined that defendant was negligent in having a roof support column raised baseplate with protruding bolts in a … jury was allowed to consider "prejudicial and medically unsupported" evidence to find Home Depot's negligence –– …
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njcourts.gov
… part, that when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not … had not cited any legal authority in his moving papers to support that statement of law. To the contrary, Defendant … is denied. Defendant does not provide any other argument in support of the dismissal of such claims. Therefore, …
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njcourts.gov
… default judgment and extend the time to file an answer. In support of the motion, Ficke's owner, Arun Parikh, certified … "it's not [Ficke's] right under the policy to make that determination. It's the carrier . That's why they want to have … to defend this. It's not up to the insured to make such a determination." The judge further noted there was no dispute …