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… TO ANSWER SUCH QUESTIONS, AND SHE PROVIDED NO BASIS TO SUPPORT HER NET OPINIONS (not raised below). POINT III … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" Townsend v. … opinion, the expert must 'give the why and wherefore' that supports the opinion.'" Ehrlich v. Sorokin, 451 N.J. Super. …
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… The Presenter called one fact witness, the victim, in support of the asserted disciplinary charges. The Presenter … the record, the Committee makes the following findings, supported by clear and convincing evidence, which form the … (1991). In matters of judicial discipline "there are two determinations to be made" -- whether a violation of the Code …
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… summary judgment against the Estate seeking a judicial determination that the Disputed Parking Area was a limited … and the Changebridge defendants have an interest in a determination they did not breach any fiduciary duty rendering … N.J. at 529. "Bare conclusory assertions, without factual support in the record, will not defeat a meritorious …
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… and procedural history relevant to our review of the fee determination are derived from the record. Decedent Emilie L. … According to Russo, Sueanne was at the house caring for children in another 6 A-1716-23 room and "was coming in and … and Sueanne involving "suspicious circumstances." In support of his claims, he argued decedent was "immobile, . . …
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… final judgment failed to comply with Rule 4:64-2, as it was supported by certification rather than affidavit, further … He also again asserts that plaintiff's certifications in support of foreclosure failed to comply with both Rule …
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… the trial court found defendant guilty and noted in support of that conclusion: I find the defendant has had the … a review of the record, we agree with the trial court's determination that defendant's attorneys provided effective … (App. Div. 2011) (quoting Padilla, 559 U.S. at 372). That determination must be "based on evidence, not speculation." …
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… 9, 2023 order, which dismissed the case with prejudice. In support of this relief, plaintiff provided a certification … one of the six specified grounds [under Rule 4:50-1] is a determination left to the sound discretion of the trial court, … v. Guillaume, 209 N.J. 449, 467 (2012) (a trial court's determination under Rule 4:50-1 "warrants substantial …
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… to the parties’ pleadings, including certifications in support of their respective arguments. Plaintiff, the … Statement, and (b) without discovery exchange, “substantial support . . . for the claims made” or testimony, GNJMUC’s … exemption therein.” Thus, it may be that the assessor’s determination for revoking the Subject’s exemption was …
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… the length of time the conditions existed "may 13 A-3048-23 support an inference of constructive notice about the … Ibid. The record does not contain any evidence to support the necessary elements of actual or constructive …
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… two years. The parties negotiated a promissory note and supported their obligation with a mortgage given by Rose … consideration of the merits of Gilmore's claims rather than support a resolution based on procedure. The Tr. Co. of N.J. …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the …
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… of his household is named Antonio. The brief cites as support for that assertion defendant's certification in support of his motion to vacate the final judgment. … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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… we should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … enter a plea. We discern no error in the PCR court's determination that trial counsel was not ineffective. … In short, there was ample evidence in the record to support the PCR court's findings as to both prongs of …
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… to the trial court's findings of fact , provided they are "supported by adequate, substantial and credible evidence." … at the time of the trial[,] and w[ere] not produced." In support of this finding, the trial court emphasized nothing …
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… academy, and his observations at the scene of the crash as supporting the evidentiary value of his lay opinion to the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … permitting such movement in safety[,]" N.J.S.A. 39:4-85, is supported by the record. Affirmed. … STATE OF NEW JERSEY VS. …
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… discovery forced her to try the matter without evidence supporting her employer's position, thereby denying her … 2000). We must defer to the factual findings and legal determinations made by the judge of compensation "unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
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… 2022, and made the following factual findings and legal determinations: [Here, the OL] says that something can be … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … We find no abuse of discretion in the motion judge's determination that plaintiff requires an expert to establish …
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… operation targeting illegal gun sales. The State's case was supported by a sole eyewitness, Tyree Mims––a gun dealer … MISCONDUCT WHEN SHE MADE INCULPATORY STATEMENTS UNSUPPORTED BY THE RECORD IN HER SUMMATION IMPLYING THAT THE … A. THE PROSECUTOR MADE INCULPATORY STATEMENTS THAT WERE UNSUPPORTED BY THE RECORD. B. THE PROSECUTOR IMPROPERLY …
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… (2003)). As such, "on appellate review, the trial judge's determination 'will be left undisturbed unless it represents a … provision of Rule 4:50-1—subsection (b)—defendant cited in support of her motion before the trial court. Although not … note and that plaintiff is an assignee of the mortgage. In support of her argument, defendant avers that New Jersey law …
njcourts.gov
… v. Guillaume, 209 N.J. 449, 467 (2012). A trial court's determination under Rule 4:50-1 "warrants substantial … decision in Bergen-Eastern. Other decisions of this court support the trial court's determination that defendants' neglect was excusable under the …