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- njcourts.gov… 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 …
- njcourts.gov… We find the motion judge's extensive findings fully supported by the record. Thus, we find no error in the … faith and fair dealing 'must provide evidence sufficient to support a conclusion that the party alleged to have acted in …
- njcourts.gov… the law." 3 A-4945-17T4 DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … However, [the Association] cites no basis in law to support this argument and instead argues that if this were … the trial judge, we are unpersuaded by the Association's unsupported argument that its priority "vested" when the …
- STATE OF NEW JERSEY VS. MIRAJ A. PATEL (44-2013, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… adduced at the municipal court trial were sufficient to support defendant's DWI conviction based on observational … to prove or disprove any fact of consequence to the determination of the action."). See also State v. Gilchrist, … based on the observational evidence adduced at trial, a determination shall be made on the record whether to draw an …
- STATE OF NEW JERSEY VS. DAVON M. GORDON (14-06-1582, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… police officer, agreed to apply his long-standing policy of supporting law enforcement officers by discounting the … trial court's factual findings "when 'those findings are supported by sufficient credible evidence in the record.'" …
- njcourts.gov… appellate review, a trial [judge's] factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
- njcourts.gov… for pedestrians." The judge explained that in making that determination, "you have to be able to show when the ice first … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … N.J. at 529-30). On the other hand, assertions that are unsupported by evidence "[are] insufficient to create a …
- njcourts.gov… in the area near the bleachers, including a fair number of children playing football in the grass next to the walkway. … tackled and injured David. That theory, however, is not supported by the material undisputed facts. In that regard, the facts do not support a finding of causation. Initially, we note that the …
- njcourts.gov… that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … not substantiated. There is ample evidence in the record to support the trial judge's 10 A-3437-18T4 finding that … Therefore, there is ample evidence in the record to support the trial judge's finding that the retainer complied …
- njcourts.gov… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … to the terms of the Bonus Award Agreement provides adequate support for the entry of the order granting a stay and … "we review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated …
- STATE OF NEW JERSEY VS. ELIJAH DOWNEY (16-06-0525, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… testified and the judge viewed body-camera footage—are supported by the record evidence, including the testimony of … the area after commission of the crime is speculative and unsupported by any facts in the record. And the other car that … a group of innocent circumstances in the aggregate can support a finding of reasonable suspicion." Id. at 368. Nor …
- OLUSEGUN AWONUSI VS. KENNETH YABOH, ET AL. (C-000128-17, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Awonusi intended to stay at the property when visiting his children in the United States. Because he was living abroad, … 9 A-3023-18T1 Judge Jablonski also made key credibility determinations, finding Awonusi more credible than Yaboh and … "a fraction" of Awonusi's original purchase price is not supported by the evidence. Famek further maintains that an …
- STATE OF NEW JERSEY VS. ELDER LEMUS-ROQUE (18-026, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … (quoting Johnson, 42 N.J. at 162). However, on legal determinations, our review is plenary. See State v. Kuropchak, … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
- njcourts.gov… does not even provide a scintilla of evidence or reason to support that bald conclusion. State law in this regard is … arguments are based on bald assertions without evidential support in the record, and otherwise lack sufficient merit …
- STATE OF NEW JERSEY VS. NIKITA CARDWELL (13-02-0043, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and thereafter filed an amended PCR petition and a brief in support of the petition. Defendant argued trial counsel was … ." The PCR court found these allegations lacked factual support, noting counsel had in fact obtained information …
- njcourts.gov… pursuant to N.J.S.A. 40:55D-26(a) and 40:55D-64 for its determination whether the Ordinance was substantially … also filed a motion to dismiss or for summary judgment. In support of the motion, Higgins certified his November 2017 … uses allowed by the Ordinance, the record did not support this. In their reply, plaintiffs argue there should …
- STATE OF NEW JERSEY VS. LING ZHOU (18-08-0622, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… conduct and the result—the harm allegedly inflicted on the children by their adult chaperones— occurred entirely … by the alleged victim in New Jersey was sufficient to support indictment for 9 A-1151-19 extortion and establish … of our review is narrow. We review the trial court's determination of a motion to dismiss for a clear abuse of …
- STATE OF NEW JERSEY VS. MARCEL A. SAMERO (09-02-0094, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… accompanied the order under review. I. The underlying facts supporting defendant's convictions are outlined in our … the robbery and testimony from a cousin, Roger Gilbert, to support 6 A-5305-18 his alibi defense that he was at the … again" girlfriend Heather Berkey, and mother of one of his children to testify at trial, but ultimately, she refused to …
- njcourts.gov… a second motion to transfer venue with an amended brief in support of the motion. The trial court issued an order … interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- njcourts.gov… to state a claim. In an accompanying certification in support of the motion to dismiss, the Casterlines certified … continuous and systematic contacts with New Jersey to support general jurisdiction over the Casterlines. Finally, …