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- njcourts.gov… days [from] the execution of the release," and "Hagrish supports that resolution" because the release "is an … plaintiff's motion to enforce settlement "because it is not supported by Hagrish." 11 A-2948-23 Moreover, the court … it was an additional, non-negotiated term. Indeed, Hagrish supports this conclusion. There, the essential terms of that …
- A-60-17 Opinionnjcourts.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 …
- A-83-13 Opinionnjcourts.gov… by this Court without deference to the trial court’s determination. In determining statutory intent, courts must … to incorporate by reference all of the issues advanced in support of his appeal to the Appellate Division. It is not … padlock, and surrounded by a fence. The Attorney General, supports the State’s position. The Attorney General argues …
- 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 …
- A-33-23 Supplemental Respondent Brief Briefsnjcourts.gov… and how those enactments, when read in pari materia, support application of a privacy exemption precluding … a "citizen's reasonable expectation of privacy", the determination as to which documents are to be provided and … are to be shielded, is made more difficult because the determination is often made on a case-by-case basis. Moreover, …
- njcourts.gov… property, N.J.S.A. 2C:35-5(a), -7(a). B. The Competency Determinations Competency questions concerning defendant's … such incapacity endures." N.J.S.A. 2C:4-4(a). Competency determinations are the sole province of the court, and upon a … and medicated in both prison and hospital settings, supported dismissal. The court analyzed the nature and …
- A-3576-22 – STATE OF NEW JERSEY VS. SHAKIRA A. LASISI (16-22, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.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 Briefsnjcourts.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 …
- njcourts.gov… had occurred since the first trial judge's final order. To support her third TRO ("TRO 3"), Sydney testified she was … violence complaint, trial courts must make two distinct determinations: "[f]irst, the judge must determine whether the … denying an FRO was issued and was not appealed; (4) the determination of whether the facts and allegations prior to …
- UNN-L-536-19 Opinionnjcourts.gov… addresses “specific facts” and “concrete evidence” to support a favorable jury verdict. Housel for Housel v. … or investigation has been conducted to make such a determination. Id. at 114:10-25 – 115:1-12. Importantly, … 272, 770 A.2d 1144 (2001). This Court in no way made its determination based on a lack of express first-party language …
- njcourts.gov… present mixed questions of law and fact, we defer to the supported factual findings of the trial court, but we review … court's interpretation of OPRA, which constitutes a legal determination."); In re A.D., 259 N.J. 337, 351 (2024) ("We . … assumption of the obligation. We upheld the trial judge's determination that "no equitable or exceptional reason" barred …
- A-19-24 Attorney General Amicus Curiae Brief Briefsnjcourts.gov… any reasonable basis in law [or] equity and could not be supported by a good faith argument for an extension, … party in a civil action, and if there is a judicial determination at any time during the proceedings or upon … an intent to exempt public entities. Id. at 442. As further support for its conclusion, the Appellate Division observed …
- 008551-2020 Opinionnjcourts.gov… stage that the court must “appraise the testimony, make a determination of true value and fix the assessment.” Rodwood … at trial, along with testimonial evidence and any other supporting documentation. Only after the court has heard the … determine whether the expert’s conclusions are adequately supported by the facts. Plaintiff also asserts that the …
- A-16-24 Supplemental Reply Brief Briefsnjcourts.gov… place." The Appellate Division reversed the trial court's determination that there was no taking, stating: In a physical … reference to Nollan is instructive in 6 making this determination. While Nollan is one of the four "pillar" … and proposes adoption of a legal framework which has no support in the pertinent case law. 4. The New Argument …
- CPM-L-398-15 Opinionnjcourts.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, …
- A-1481-22 – STATE OF NEW JERSEY VS. WILL EL-BEY (19-02-0141, CUMBERLAND COUNTY AND STATEWIDE) Opinionnjcourts.gov… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
- 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… award for future medical expenses "to the highest amount supported by the evidence: [three percent] of the $414,000." … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … 569, 583 (2008)). A net opinion is "a bare conclusion unsupported by factual evidence." Creanga v. Jardal, 185 N.J. …
- 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 …