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… for $145,000 and immediately rented out both units to a childcare center. By the time of trial, several childcare … orders. II. Appellate courts review a "trial court's determinations, premised on the testimony of witnesses and … court's factual findings unless "they are so manifestly unsupported by or inconsistent with the competent, relevant …
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… on the Joneses' property. Both neighbors presented surveys supporting their respective positions. In September 2021, … in this type. . . . . There are many questions as to the determination of the property line between the subject … surveys, expert testimony was necessary for a just determination of the issues. "[W]e review a trial court's …
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… defendant's motion for summary judgment but rather only in support of his motion for reconsideration. But the record … a self-service counter. And, no evidence was presented to support plaintiff's argument as to what defendant's …
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… there were no genuine issues of material fact presented to support plaintiffs' "singular claim" for unjust enrichment. … Sunnova's UCC-1 filing was superior to MTLGQ's mortgage. In support of their argument, plaintiffs cite to N.J.S.A. … over the mortgage in the foreclosure action where a determination regarding the status of the PPA and the solar …
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… judgment pursuant to Rule 4:50-1. Hope's certification in support of the motion laid out details of Vincent's … Manning, 74 N.J. at 120). Here, the record adequately supports the judge's findings of extraordinary circumstances …
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… noted there was nothing in the FAC alleging, let alone supporting, the "bare conclusion" that Morgan Stanley was in … test, we find no basis to disturb Judge Claypoole's determination that the action accrued when the statements were … Plaintiff's remaining arguments are rendered moot by our determination that the action was barred by the statute of …
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… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
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… alternatively, to waive his appearance at that hearing. In support of his alternative request, defendant submitted an … at the evidentiary hearing on his motion to suppress. In support of that ruling, the trial court issued a written …
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… not be retroactively excised from N.J.S.A. 2C:58-4(c). To support his position, defense counsel claimed, "the … (quoting McDonnell v. U.S., 579 U.S. 550, 576 (2016)). To support its decision that applying the severability holding …
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… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …
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… a notice of 3 A-0297-22 aggravating factors intended to support a sentence of death for the three murders. After … sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … there are no facts outside the trial record that support . . . defendant's claims that he was denied …
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… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
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… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …
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… unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … to discovery extensions. Ibid. "However, 'we review legal determinations based on an interpretation of our court rules … N.J. Super. 40, 51 (Law Div. 2003)).] The record does not support the court's finding that defendant established …
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… and orderly disposition of such [outstanding] charges and determinations of the proper status of any and all detainers … ' and to provide 'cooperative procedures' for making such determinations." Perry, 430 N.J. Super. at 424-25 (quoting 18 … in Pennsylvania prior to his arrival in New Jersey. In support of this proposition, the State relies on dicta from …
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… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … for failing to object to Giorgi's testimony that the gang supported itself by selling drugs. Rule 404(b) excludes … State v. Bryant, 237 N.J. Super. 102 (App. Div. 1988) to support his argument that Giorgi's testimony should have …
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… Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the factors supporting concurrent sentences." We agree. As noted by the …
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… ON REMAND ISSUES IN THIS ACTION. A. Counsel Provided Ample Support for Our Hourly Rates. B. The Trial Court's Ruling. … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… learned that a stray bullet had struck a car with young children in it. After the shooting, which the suspect … December 15, 2017, the Board reaffirmed its original determination. The Board noted that it had considered … Rather, a diagnosis of PTSD is merely a "backdrop" that can support a causal link between the work-related traumatic …