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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 …
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… 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 …
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… 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 …
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… 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 …
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… 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.'" …
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… 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.'" …
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… 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 …
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… 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 …