-
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… uses and structures to develop "Shopper's Village" which "supports a finding that the property . . . is particularly … regarding the validity of a local board's 18 A-0899-22 determination, 'we are bound by the same standards as was the … However, the planning board's or "the trial judge's determination as to the meaning of [an] ordinance is not …
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… . . de novo, affording no deference to the trial court 's determination." Pace v. Hamilton Cove, 258 N.J. 82, 95-96 … 116 N.J. at 746). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … PERS member backpay). Although we agree with the court's determination plaintiff's complaint failed to establish a …
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… for a new trial based on newly- discovered evidence. In a supporting certification, defendant claimed he was unaware … found that "[n]ot a scintilla of evidence was presented supporting this wholly self-serving and untimely assertion." … IAC claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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… that No Delays Could be Attributed to the State is Not Supported by the Record and is Clear Error. B. The Trial … the remand will result in additional delay in the determination of defendant's speedy trial claim, but we are … findings of 14 A-3752-21 fact and conclusions of law in support of its decision. R. 1:7-4. Nothing in this decision …
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… 1, 2020). We briefly set forth the facts material to our determination of defendant's second PCR appeal. On August 30, … offer if he had been aware of his possible exposure was unsupported in the record. At a pretrial hearing, the trial … found defendant's testimony lacked credibility and was not supported by the record. 6 A-3080-21 The State presented the …
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… process." Sullivan, 403 N.J. Super. at 96. The record supports the trial court's decision to dismiss plaintiff's … be used. The trial court found that there was no good cause supporting plaintiff's requests for a protective order and …
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… call to testify at trial; (2) serve an expert report to support the claims set forth in her amended complaint; (3) … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of trial courts." Ibid. Thus, our review "is limited to a determination of whether the trial court mistakenly exercised …
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… A-0408-22 On July 13, 2022, Jo-Med filed a certification in support of an award of attorney's fees and costs. On August … contract. Substantial credible evidence in the record supports the judge's judgment in favor of Jo-Med. Indeed, … to perform "in accordance with" the contract is also unsupported. The record 13 A-0408-22 demonstrates no genuine …
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… has not provided this [c]ourt with competent evidence to support her arguments. As such, [p]laintiff has not shown … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… Because the trial court conducted a thorough and factually supported analysis of the Barker1 factors, we affirm. I. On … N.J. Super. 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
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… tax board, thus barring the assessor from testifying in support of raising the assessments. The taxpayer argues the … or appraiser differs from the run-of-the-mill credibility determination utilized for fact-finding. For typical … lack of credibility does not automatically equate with a determination the witness is lying. For example, a witness on …
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… reopen and extend discovery for an additional 120 days. In support of the motion, plaintiff's counsel certified that "a … deny plaintiff the benefit of Rule 4:26-4. The record amply supports a finding that before filing his complaint, …
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… (App. Div. May 20, 2015) (slip op. at 2). Following that determination, plaintiffs and Chicago Title settled their … approval to abandon the railway." Id. at 5. The board's determination gave rise to plaintiffs' action in lieu of … its common-law contribution and indemnification claims lack support in the evidence. By settling with its insureds in an …
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… proof necessary for a conviction. We affirm, finding ample support in the record. I. Patrolman Michael Perkins of the … Johnson, 42 N.J. 146, 161-62 (1964)). Our review of legal determinations is plenary. See State v. Handy, 206 N.J. 39, 45 … while intoxicated. The record provided ample evidence supporting defendant's conviction for DWI. N.J.S.A. …
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… was a proximate cause of plaintiff's injuries was not supported by any evidence. The court observed that there was … standard of review, and the trial court's 9 A-2503-17T3 determination of such issues is accorded no deference. Kaye v. … as to whether [they] adequately supervised their minor aged children" who "held a party where alcohol was served." …
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… a trial court must weigh other factors relevant to the "determination of the existence of a duty of reasonable care … 'general negligence principles' . . . ." Id. at 230. This determination implicates consideration of the foreseeability … MSR on numerous prior projects. The nature of the risk also supports imposing a duty against MSR. Although the risk of …
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… AND STOVE TURNED ON TO DRIVE UP GAS BILLS WAS ERRONEOUS, UNSUPPORTED BY AN ADEQUATE LIMITING INSTRUCTION[] AND DEPRIVED … cruel or depraved because the possessions of defendant's children were destroyed by the fire. Defendant contends that … Here, the judge noted that defendant victimized his own children in addition to the intended victim, J.B. While the …
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… Patyraks on its claims under the guaranties of the note. In support of that motion, the Bank submitted a certification … right to enforce the promissory note. The record does not support either of these arguments. Accordingly, we reject …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … would not promote the doctrine's objectives of conclusive determinations, party fairness, and judicial economy and … to the case before us, it is instructive in our determination that summary judgment should not have dismissed …
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… to "foster the intellectual growth of the student by supporting and reinforcing the academic program of the … is [Mulcahey's] position that in respect to the Board's determination that [the] 2007 injury, sustained during the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …