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njcourts.gov
… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …
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njcourts.gov
… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
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njcourts.gov
… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
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njcourts.gov
… overwhelming evidence to the contrary, which, if believed, supported defendant's claim there was no deception, no undue … and expressed a desire to help defendant and her children. However, the situation changed toward the end of … if "sufficient credible evidence in the record as a whole supported all aspects of the jury's verdict." Kozma v. …
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njcourts.gov
… Super. 512, 513 (App. Div. 1991)). "Clearly, evidence that supports a defense, such as alibi, third- party guilt, or a … addressed the nature of the victim's injury, which was supported by testimony that she lost full use of her hand …
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njcourts.gov
… affirm. "The scope of appellate review of a commitment determination is extremely narrow. The judges who hear SVPA … of 'sexual compulsion.'" Id. at 129. The same standard that supports the initial involuntary commitment of a sex … "an appellate court should not modify a trial court's determination either to commit or release an individual unless …
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njcourts.gov
… it is "arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence . . . ." Henry v. … The ALJ's analysis and balancing of the factors were supported by substantial credible evidence in the record. … arbitrary, capricious, or unreasonable in the Board's determination. Finally, petitioner contends that he is …
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njcourts.gov
… We only add that defendants cite no controlling law to support their position, and we agree with the court's … make a prima facie CFA claim. We review a trial court's determination on a motion to amend a pleading for a "clear … of the ultimate merits of the amendment,' those determinations must be made 'in light of the factual situation …
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njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … available. The report details the various factors that support the expert’s conclusion and a summary of his of … report was collected from the MLS, assessor records, and supported by interviews with local real estate agents. …
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njcourts.gov
… attempted to challenge the trial court's interlocutory determinations concerning counsel fees issues. Id. at 28-29. … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … judge unless . . . convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
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njcourts.gov
… shall not be evidentiary. F. LIST OF EXHIBITS IN SUPPORT OF STIPULATION 1. Verified Complaint to Vacate … of Estelle A. Halchak dated August 22, 2017 in Support of Complaint and Order to Show Cause 3. Transcript …
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njcourts.gov
… plaintiff cannot provide any nonspeculative evidence to support a causation theory based on the position of the … J & J and its driver, is incorrect and encroached upon a determination that could only have been made by a jury. … tape affixed to the rear impact guard and vertical supports. Defendant further argues because neither decedent …
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njcourts.gov
… assertions . . . must be reinforced by evidence; without support, the prejudicial impact of unavailable evidence, … and lease-back agreement" or any other document "to support their assertion[.]" Judge Toskos also rejected the … to the sound discretion of the trial court, whose determination will not be disturbed absent a clear abuse of …
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njcourts.gov
… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … a defendant must produce "specific facts and evidence supporting his allegations"); State v. Cummings, 321 N.J. … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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njcourts.gov
… when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … "he must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon the …
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njcourts.gov
… 4 A-2243-18T4 Defendant submitted two certifications in support of his petition. In the first petition, dated April … Here, the PCR judge's analysis of the Slater factors are unsupported by the record and inconsistent with her finding … raised in defendant's PCR brief without evidential support, that defendant intended to contest liability but …
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njcourts.gov
… any claim arising out of the agreement. Blade's motion was supported by two copies of the contract, which was a form … "De novo review applies when appellate courts review determinations about the enforceability of contracts, … Blade offered no certification from its representative in support of the motion, relying only on the two versions of …
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njcourts.gov
… of Court require—and cannot do so informally in a brief supporting a motion for reconsideration; the judge failed to … dismiss a complaint for failure to state a claim in a brief supporting its motion for reconsideration of a restoration … This is meant to ensure "that the court makes its own determination of the matter." Ibid. (citations and internal …
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njcourts.gov
… be 'remand[ed] . . . for an evidentiary hearing and a determination of defendant's claim.'" Merely raising a claim … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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njcourts.gov
… Wilhelm's testimony and all the materials relied on in support of the position that Wilhelm engaged in fraud. I. … Wilhelm administratively appealed the Division's determinations. Initially her appeals were dismissed as … bound by the agency’s interpretation of a statute or its determination of a strictly legal issue." Utley v. 7 …