Filters
- njcourts.gov… 2015, Angie executed a power of attorney naming two of her children, Vera and W.B. (Wayne), as "co-attorneys in fact." … the trial court's findings "unless they are so clearly insupportable as to result in their denial of justice." Estate … granted in the interests of justice, see Rule 4:9-1, the "determination of a motion to amend a pleading is generally …
- njcourts.gov… Defendants argued the jury could make credibility determinations of the witnesses, including the experts, reject … shall be granted "only if, accepting as true all evidence supporting the party opposing the motion and according that … the jury to award at least one dollar in damages, is not supported by fact or law. There was sufficient evidence in …
- njcourts.gov… a reasonable doubt, but rather, the evidence admitted in support of this defense should … produce in your mind a firm … a reasonable doubt, but rather, the evidence admitted in support of this defense should produce in your mind a firm …
- njcourts.gov… whether the facts and circumstances shown by the evidence support an inference and you are always free to draw or not … whether the facts and circumstances shown by the evidence support an inference and you are always free to draw or not …
- njcourts.gov… by filing the instant case with the Tax Court seeking a determination that NWAC is entitled to an exemption from the … Director. N.J.S.A. 40:55D-8.6(b). The Director’s final determination may then be appealed to the Tax Court, which … funds, not the State. Additionally, much of the evidence to support the NRDF’s justification (i.e., property records, …
- njcourts.gov… administrative conference and the Director issued a Final Determination upholding the liability with additional accrued … a timely complaint in this court challenging the Final Determination, then moved for summary judgment in which he … posits that reading I.R.C. 3401(a) and (c) together supports the conclusion that he did not receive “wages” 5 …
- njcourts.gov… Court to employ a patient and steady approach with the determination of Defendants qualified immunity status is … Further, Plaintiff has not provided well-pleaded facts or support to demonstrate what constitutional rights it is even … attach without piercing of the corporate veil or a legal determination disregarding the corporate form. State, Dept. of …
- njcourts.gov… which surely would not follow if he were making findings in support of a 10.31% increase rate. Perhaps most notably, in … favor is unwarranted based on the lack of any real support that this number constitutes a “reasonable forecast” …
- njcourts.gov… to dismiss an employee for filing a complaint that is not supported by an objectively reasonable basis. [Id. at … is pretextual." Id. at 39. Plaintiff admitted the facts supporting the hearing officer's other basis for discipline. …
- STATE OF NEW JESEY VS. PABLO S. MACHADO (07-10-1579, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in 8 A-5363-16T4 … judgment in forgoing a Wade hearing before each trial is supported by substantial credible evidence in the record. By …
- JANE M. CICHOSKI VS. RICHARD TURICK, ET AL. (L-2076-15, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… at 167). We need not defer to the trial court's legal determinations, which we review de novo. Davidovich, 446 N.J. … there was insufficient evidence before the trial court to support the conclusion that dog groomers assume the risk of … a dog was an attempt to prevent a dog bite[.]" The record supports the judge's decision. The judge correctly found …
- njcourts.gov… gastric carcinoma. Pelle, who was unmarried and had no children, lived with her parents. Turning to the litigation, … and funeral expenses . The judge cited to no law or fact in support of his decision to dismiss the wrongful death claim … He cited cases involving damages for a shortened life in support of his decision. Those cases were inapposite; …
- njcourts.gov… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
- GINA M. CAMPO VS. BRIAN G. ACKEN, ET AL. (L-0459-14, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
- njcourts.gov… lacks persuasion. We therefore affirm the motion court's determination that defendant did not have constructive notice … light the stairway was a statutory violation and evidence supporting negligence, the judge found the plaintiff's … off the rail, 11 A-4684-16T3 finding the record failed to support such happenings, and declining to assign the …
- njcourts.gov… the Superior Court pursuant to N.J.S.A. 2B:12-17.2(a). In support of her motion, defendant produced medical records … that case, Vitale carelessly drove his car and struck two children who died from their injuries. Id. at 411. After the … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary …
- njcourts.gov… The issues involving Applied are not relevant to our determination in this case, especially in light of Applied's … argues on appeal that "[c]ontrary to the trial court's determination, Your Way's bid was . . . fatally defective by … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
- njcourts.gov… her distress did not rise to the level required to support a claim for emotional distress. Id. at 280. We … that her emotional distress was of the severity required to support a claim against defendants for 13 A-0200-16T2 …
- DONNA MARIE GIAIME VS. DISCOUNT AUTO (L-0512-11, HUNTERDON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
- njcourts.gov… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …