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njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
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njcourts.gov
… whether a party waived its arbitration right is a legal determination subject to de novo review[,]" however, "the … Therefore, a common sense reading of the agreement supports plaintiff's obligation to assert her claims in … nursing home or assisted living facility are enforceable if supported by consideration. See also Marmet Health Care …
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njcourts.gov
… Here, the idiosyncratic facts of this case overwhelmingly support the judge's conclusion that there was no meeting of … the estate's complaint.4 Affirmed. 4 As a result of our determination, we need not reach the estate's contention that … the one-year limitations period set forth in the provision supports our conclusion that there was no meeting of the …
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njcourts.gov
… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… sentencing arguments. Our review of sentencing determinations is governed by a highly deferential standard. … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). … offenses. Further, defendant's prior drug convictions support the application of the mandatory extended-term …
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njcourts.gov
… to disposition on the papers. In her affidavit submitted in support of her motion, Quiroga averred that "[she] filed the … BY FAILING TO PROVIDE A WRITTEN OR ORAL OPINION IN SUPPORT OF ITS DECISION TO GRANT SUMMARY JUDGMENT RESULTING … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
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njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … articulable basis to stop the Davis vehicle, is legal determination, not a factual one, to which we owe no … of defendant's vehicle was not valid, the judge made no determination relative to the constitutionality of the …
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njcourts.gov
… reviewing courts afford no special deference to the legal determinations of the trial court when no issue of fact … We part company, however, with the motion judge's determination that plaintiff failed to satisfy due diligence … the first phase. Although the judge cited no caselaw to support his decision, see Great Atl. & Pac. Tea Co. v. …
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njcourts.gov
… that "[t]his 8 A-4129-18T2 purported restraint was not supported . . . with any findings . . . nor was it reduced … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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njcourts.gov
… 337 N.J. Super. at 242. In our review of a PCR court's determination, we defer to the court's factual findings, including credibility determinations, if they are supported by "adequate, substantial and credible evidence." …
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njcourts.gov
… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
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njcourts.gov
… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
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njcourts.gov
… a 'continuing pattern' of anti-social behavior." To support her argument, defendant cites our Supreme Court's … prosecutor's consideration of all other factors is amply supported by the evidence in the record. Affirmed. … …
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njcourts.gov
… scope of our review of an administrative agency's final determination is strictly limited. Brady v. Bd. of Review, 152 … applicable law. Ibid. "If the Board's factual findings are supported 'by sufficient credible evidence, courts are … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …
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njcourts.gov
… had to make 2 Defendant later submitted a certification in support of his motion to vacate the default judgment in … as Judge Hodgson found, nothing in the letter objectively supports this contention. 5 A-3058-17T4 three monthly …
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njcourts.gov
… 21, 2015, plaintiff filed a motion for summary judgment. In support of that motion, plaintiff submitted a certification … had authority to sign the assignment on behalf of MERS. In support of this contention, defendants rely upon what …
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njcourts.gov
… DWI defendant need not have actual knowledge of the facts supporting the contentions that underlie his discovery … that the destruction of evidence is overcome by the determination that Officer Henriquez's "credible" testimony … his assertion that the bottles were unopened, lending support to defendant's testimony that he had not been …
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njcourts.gov
… PCR, alleging ineffective assistance of counsel (IAC). In a supporting certification, defendant asserted he was "misled" … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." … we are satisfied Judge Ravin's factual findings are amply supported by the record, and his legal conclusion that …
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njcourts.gov
… includes a printout of the location history, which supports the certification. CitiMortgage then maintained … attorney subsequently tendered a certification and supporting documentation purporting to show that defendants …