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- njcourts.gov… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
- njcourts.gov… any other fact 16 A-2005-21 question before a jury, [that determination] is subject to the court 's assessment whether … time a pothole existed, along with its alleged size, could support a reasonable inference that the defendant had either … to any part of the road's shoulder in the past. Ibid. In support of a claim that the county had constructive notice …
- 001830-2023 Opinionnjcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … may receive evidence as the judge deems appropriate for a determination of the case, except that all testimony shall be … is the most straight forward and simple way to explain and support an opinion of market value.” Greenblatt, 26 N.J. Tax …
- njcourts.gov… 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 …
- njcourts.gov… certifying a tie was not addressed by the trial court. In support of his argument, Hopson relies on three cases that … to be counted. The plain language of the governing statute supports the Board's position . N.J.S.A. 19:29-1 provides, … the trial court's factual findings "binding on appeal when supported by adequate, substantial and credible evidence." …
- njcourts.gov… respiratory failure, he was intubated for respiratory support and diagnosed with aphasia and dysphagia. The … of the NHA. In Point IV, plaintiff contends the jury's determination on the malpractice count that Care One deviated … are not nullified so long as the "record was sufficient to support" each verdict. State v. Muhammad, 182 N.J. 551, 578 …
- njcourts.gov… fee application when the Meister case was settled. In a supporting certification, Stone stated, in pertinent part, … in the Meister matter, had subsequently agreed to "support KGS in the [fee share] litigation," he adversely … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
- njcourts.gov… PHH's parent company, Ocwen Financial Corporation, provided supporting testimony that Argent serviced the loan from its … to prove or disprove any fact of consequence to the determination of the action." Griffin v. City of E. Orange, … the jury. Griffin, 225 N.J. at 420. A trial court's determination to admit or exclude evidence is "entitled to …
- njcourts.gov… is necessary to ensure continued impartiality. Any such determination should be placed on the record to facilitate … of the trial judge, and no per se rule governs that determination. (pp. 17-20) 3 2. Here, the trial judge’s … name and phone number and was therefore not “anonymous,” supports the trial court’s implicit determination that …
- -1459-22 – STATE OF NEW JERSEY VS. CHARLES M. GRANT (15-12-1007, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… trial rather than making assertions that lacked evidential support). However, "'[r]eferences to matters extraneous to … trial rather than making assertions that lacked evidential support. In discussing the clothing, he was responding … or refer to matters outside 32 A-1459-22 the record as support for the witness's credibility." Walden, 370 N.J. …
- 006918-2023 Opinionnjcourts.gov… (realty and personal property), without more objective support, such as the contract of sale, or a mortgage deed, … comparable 3 (Unit PH1) had recently sold for $2,175,000, supporting his adjustment at about 1% per month. He thus … She testified that the $20,000 quantification was supported by her paired sales analysis. She used two sets of …
- njcourts.gov… Marini, 56 N.J. at 147). 7 A-0719-23 in the record to support unlawful business practices on behalf of the … 49 Prospect St. Tenants Ass'n, 227 N.J. Super. at 469. To support a CFA claim, "a consumer must allege three elements: … there was a diminution in value of his apartment finds no support in the record. See id. at 244. Similarly, plaintiff …
- njcourts.gov… then the Trustee was to pay Keith’s spouse and issue (children) “such amounts from the net income or principal or … the Trustee deems necessary or desirable to provide for the support and education of such beneficiaries.” See State’s … to prove or disprove any fact of consequence to the determination of the action.” N.J.R.E. 401; Rose, 206 N.J. at …
- njcourts.gov… . . 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 …
- njcourts.gov… 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 …
- STATE OF NEW JERSEY VS. MICHAEL J. DOCE (15-07-0801, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …
- STATE OF NEW JERSEY VS. CLYDE GAYLE (12-08-2273, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …
- KIRK SPARKS VS. ERIC BARNES, ET AL. (L-1735-19, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …
- JENNY ARIAS VS. ANGELITO ARAGO, M.D., ET AL. (L-5045-19, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …
- JO-MED CONTRACTING CORP. VS. CITY OF LINDEN (L-3288-20, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …