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… order to determine whether there was sufficient evidence to support the claims alleged in the Plaintiffs’ complaint. The … cite Morgan v. Union Cnty. Bd. Of Chosen Freeholders to support the proposition that even if the Pascarella …
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… part, that when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not … against movant can be made if discovery reveals proof to support the same. CONCLUSION The motion is opposed. …
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… of an accident . . . involving an insured tortfeasor, the determination as to whether an insurer . . . is legally … counsel for American Trucking if she was aware of any legal support for her position that N.J.S.A. 39:6A-9.1 "requires a … A-1845-09T2 7 Trucking provide the judge with any legal support for its position that such principles applied. …
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… 'a court should not engage in a strained construction to support the imposition of liability.'" Longobardi v. Chubb … Fire Insurance Co., 132 N.J. Super. 589 (Law Div. 1975), in support of its position. In Del Vecchio, where an off-duty …
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… hedgerows, wetlands, -4- and/or irrigation ponds that are supportive and subordinate or reasonably required for the … are not disputed issues of material fact which require a determination of credibility. Brill v. Guardian Life Ins. Co. … had been taken by the municipality of the prior annual determinations of the assessor finding the property qualified …
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… the property record card indicated that there had been a determination that a portion of the basement was finished. He … evidence…must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … court. Furthermore, plaintiffs provided no testimony to support the claim that the proffered comparable sales were …
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… researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be … cannot “arbitrarily assign a value to the property not supported in the record.” Id. Here, there was no such …
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… to tax. She seeks a refund of approximately $10,000. In support of its motion to dismiss plaintiff’s complaint for … assist defendant with the defense of its October 21, 2020 determination of untimeliness of plaintiff’s protest, and that … The refund denial notice also states that “[t]his above determination is final unless you submit a written protest and …
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… the decision not to appear for sentencing. There is no support for defendant's argument that the trial court … the aggravating and mitigating factors. There is no support upon which to conclude the well-reasoned sentence …
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… and that substantial, credible evidence in the record supported the court's findings that plaintiff was the owner … the custody of [plaintiff]." That factual assertion was not supported by any citation to the record. II. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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… oral argument.3 In a cogent written statement of reasons supporting the August 6, 2021 order, the motion judge … to plaintiff, "[w]hether the [c]omplaint will or will not support [his] claims . . . depend[s] on whether . . . …
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… appeal follows. II. "[W]e will not upset a State agency's determination in the absence of a showing that it was … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated a legislative … his charges in a timely fashion lacks any evidentiary support. In fact, the record establishes that he was aware …
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… previously received. Essick appealed from the Deputy's determinations. The Appeal Tribunal conducted a telephonic … August 8, 2020, the Appeal Tribunal affirmed the Deputy's determinations. It found Essick worked "more than her normal … N.J. 197, 210 (1997). We will affirm its decision if it is supported by substantial credible 8 A-3680-20 evidence, …
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… assisted with the use of a rolling walker for additional support and for increased safety." Antaky concluded … from her fall thus cannot be submitted to a jury for determination. As to Carol's second fall, the judge found … 9 A-0710-21 Similarly, we agree with Judge Grasso Jones's determination that a jury could understand — without expert …
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… GCPO considered additional information from defendant in support of his PTI application, but it was again denied. On … State v. Negran, 178 N.J. 73, 80 (2003). This determination is 5 A-1881-21 "'primarily individualistic in … (quoting State v. Sutton, 80 N.J. 110, 119 (1979)). This determination must consider the factors set forth in N.J.S.A. …
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… liability," plaintiff's counsel argued, without citing any supporting law, that permitting Middlesex and its counsel to … on the hook for any subsequent damage award. No precedent supports granting that application because it simply isn't …
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… the final judgment pursuant to Rule 4:50-1. Defendant's supporting certification asserted various grounds for the … fourth petition for bankruptcy. We do not address that determination because defendant does not argue it was … many years after entry of a final judgment, also does not support relief under Rule 4:50-1(f). As we explained in …
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… that he suffered from mental disabilities 6 A-3499-20 since childhood to be without merit. The Board found that Rivera's … 544, 563 (App. Div. 2002)). "Appellate review of parole determinations focuses upon whether the factual findings made … would commit another crime if granted parole is amply supported by the record. Thus, we find no basis to disturb …
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… "under the same standard that govern[ed] the court's determination," Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … on the floor for a significant time." 7 A-3816-21 Plaintiff supports the argument with several unreported cases and our … to the wetness of the floor," and the witness' testimony "supported the idea that the wetness of the floor was …
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… review is deferential to a PCR court's factual findings supported by sufficient credible evidence. State v. Gideon, … may have depicted him as the assailant." The only certified support for this statement in defendant's original pro se … in N.J.S.A. 2C:44-1(b)(14)'s statutory text warrants a determination that the presumption of prospective application …