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… redeem the certificate and preserve the excess equity. In support of her claim that the property had a fair market … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial … under subsection (f) of Rule 4:50-1 and remand for a determination by the trial court of: (1) whether Johnson has …
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… does not apply retroactively to final administrative determinations adjudicated by the GRC. The subsequent Supreme … VI, §5, ¶4. Judicial review of quasi- judicial agency determination is limited. Allstars Auto Grp., Inc. v. N.J. … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann,192 N.J.19, 27-28 …
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… breach of contract and tortious interference claims were unsupported by the record. As noted, the court granted … failed to identify a genuine issue of material fact to support any claim of a "breach or related contractual … and $500,000, respectively, we agree with the court's determination this error did not change the fact defendant …
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… application. The Board affirmed the Division's determination and denied petitioner's request. In addition to … petitioner's request. Petitioner appealed the Board's determination and requested an administrative hearing. She … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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… collectively gave him $8,000. Fuqua produced no evidence supporting this allegation, arguing that the State's delay … meaningfully prejudiced as a result of the State's delays supports the trial court's order reinstating the complaint. … of the warrants. He offers no 16 A-1253-20 evidence supporting this assertion. According to hearsay evidence …
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… to partial takings and has no impact on the issue for determination. 8 Further, it is procedurally improper for … already owned by the State. There is no legal authority to support an amendment of the declaration of taking under the … marks omitted). The fact that the Court’s ultimate determination is that the condemnation action constitutes a …
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… inference from spoliation. None of these arguments are supported by the record. 14 A-4790-15T2 Spoliation involves … The court found that plaintiff never developed evidence supporting the spoliation claim and, therefore, there was no … and correct and the rulings concerning spoliation were supported by the law and the material facts. Affirmed. … …
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… to the Supreme Court. 8 A-0099-17T4 In his certification in support of PCR, defendant stated he was interviewed by his … conduct an evidentiary hearing, we review the PCR judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … Preciose, 129 N.J. at 462. We review the PCR court's determination to proceed without an evidentiary hearing for …
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… but shared an office address. In his sworn affidavit in support of his petition, defendant alleged "there was a … to conduct an adequate investigation as lacking in factual support . Finding that defendant had failed to set forth a … 9 A-3592-16T1 must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …
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… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or under-valuation … reasonable minds might accept the evidence as adequate to support the jury verdict." Kulbacki v. Sobchinsky, 38 N.J. … Dolson, 55 N.J. at 7; R. 2:10-1. We must make our own determination as to whether there was a miscarriage of …
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… an application for site plan approval. A-2655-16T3 4 have children; at the time of the hearings in 2015, there were … Board found the testimony failed to provide any evidence to support the premise that non- A-2655-16T3 7 age restricted … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
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… and was not "the product of coercion." The judge found support for his decision that "[d]efendant clearly … State v. W.B., 205 N.J. 588, 602 n.3 (2011). Further, the determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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… also heard 6 A-1178-16T1 testimony from defendant, his children, and his neighbor. The court found that defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Municipal Court's findings of fact. The State supported Ordonez's testimony with seventy-nine photographs …
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… 22, 2017, plaintiffs filed a motion for reconsideration. In support of that motion, plaintiffs submitted two affidavits … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are … was in question). Accordingly, if on remand there is a determination that Edgar was acting under the direction and …
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… v. Bilek, 308 N.J. Super. 1 (App. Div. 1998), does not support defendant's argument. In that case, the defendant … in an apartment setting." Ibid. Bilek thus provides no support for the conclusion that the landing on the second … in State v. Bonano, 59 N.J. 515 (1971), also does not support defendant's argument. There, the Court considered …
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… These select transactions, on their face, appear perhaps to support the theory of the plaintiff's case. However, while … imposing punitive damages. II. Our review of the final determinations made by the trial court sitting in a non-jury … reach of process. Both inquiries involve fact-specific determinations that must be resolved on a case-by-case basis. …
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… purpose to provide access to government records, and supporting caselaw. As we reviewed the facts in our prior … N.J. Super. 278 (App. Div. 2013) (reversing trial court's determination that association was not a public agency and … that appellate courts will disturb a trial court's fee determinations "in the rarest occasions, and then only because …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 1 … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … must file a brief and a statement of material facts in support of the motion. R. 4:46-2(a). The purpose of these …
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… She produced no medical records or expert testimony to support her claim of permanent injury, however. Although the … hearings in an attempt to gain sole legal custody of the children. Both attorneys explained they did not discuss the … (1989). Accordingly, we must "generously sustain" such determinations, so long as they are "supported by credible …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … On October 18, 2012, plaintiffs and their two adult children, Diana Pace (Diana) and Anthony Pace, Jr. (Pace … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …