-
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 …
-
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 …
-
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 …
-
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 …
-
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 …
-
njcourts.gov
… apply a de novo standard when reviewing a motion judge 's determination of the enforceability of a contract. Goffe v. … He testified on behalf of Foulke in other matters in support of enforcing arbitration clauses, before he executed … rights. An unambiguous writing is essential to such a determination." Id. at 136. Here, unlike Garfinkel, the …
-
njcourts.gov
… evidentiary hearing if they establish a prima facie case in support of post-conviction relief, the court determines … a defendant has presented a prima facie claim and the facts supporting the claim are outside of the trial record, the … "when the issue is solely whether an adequate factual basis supports a guilty plea, a Slater analysis is unnecessary." …
-
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 …
-
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 …
-
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 …
-
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 …
-
njcourts.gov
… therefore affirms as modified the Appellate Division’s determination that the evidence seized during the car’s … to the Title 39 violations Detective Kazan observed. Two determinations must therefore be made: whether the wait for … articulable suspicion beyond that which justified the stop supported the canine sniff. As Detective Kazan testified, he …
-
njcourts.gov
… time-restricted settlement demands made in bad faith do not support a bad faith claim against an insurance carrier. … under existing New Jersey law, but such a result is also supported by the case law of other jurisdictions. CURE … complaint and documents referenced therein, do not support such a proposition. The record does not disclose — …
-
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, …
-
njcourts.gov
… As for the negative criteria, the Board offers no evidence supporting its finding that a six-foot stockade fence … such as those in the surrounding neighborhood." The record supports the opposite, that is that none of the neighbors … a (c)(2) variance was arbitrary and capricious and without support in the record, we reverse the judgment of the Law …
-
njcourts.gov
… Association for Justice to file amici curiae briefs, which support Capri's contentions. We also granted leave to the … Insurance Association to file amici curiae briefs, which support defendants' contentions. Because our holdings and … Rule 4:6-2(e). Id. at 40. 16 A-3551-20 In reaching that determination, we noted there were "scores of federal and …
-
njcourts.gov
… Court's own research, there does not appear to be authority supporting Defendant's position that risk purchasing groups … The disclaimer of coverage makes this matter ripe for determination by the court. For these reasons, the court finds … 101 N.J. 597 (1986). Where the policy language will support two interpretations, only one of which will support …
-
njcourts.gov
… and defendant married in February 2006. They have four children together, born between February 2007 and May 2015. … agree to do certain things and the [c]ourt makes a determination that the agreement in and of itself should not … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
-
njcourts.gov
… "That is not my daughter, that's my husband's daughter. My children do not act like that, you know my children," which … to and agreed with the municipal court's credibility determinations, except it found it difficult to determine … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 …
-
A-3574-22 Briefs
Briefs
njcourts.gov
… March 23, 2023, referencing the same documents to support Plaintiff has fulfilled their discovery requests; … Defendants’ Counsel submitted her Certification in Support of Motion on March 24, 2024 Plaintiff enters in … a motion to which the order to compel shall be annexed, supported by a certification asserting the delinquent …