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… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
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… program. He was prohibited from unsupervised contact with children under the age of eighteen, except for his son. The … an appellate court should not modify a trial court's determination either to commit or release an individual unless … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this non-involvement, Horizon's counsel referred … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … 14 A-4195-17T3 The trial court briefly cited to Kotzian, to support its decision to grant damages above the $250,000 …
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… 451, 463-64 (App. Div. 2000), beginning with the evidence supporting plaintiff's motion for partial summary judgment. … to the cemetery. In opposition to plaintiff's motion and in support of its cross-motion, PACA furnished its retainer …
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… Law Division did not find any legal or factual grounds to support North Wildwood's position. We affirm. I North … a kitchen, and a playground. As of October 2016, 129 children were enrolled in the preschool and kindergarten … North Wildwood's attempt to reframe the issue to a determination of whether the Board was acting outside of its …
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… [(Emphasis added).] The expert's opinion is amply supported by the facts on the motion record. Plaintiff … 242, 249 (1986)); accord, R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … unless the parties disagree, in which case the final determination of the court is a discretionary judgment that is …
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… such as a "'lack of inherently credible evidence to support a finding, obvious overlooking or undervaluation of … jury's verdict where, as here, there was some evidence that supports its verdict. Dolson, 55 N.J. at 6. Moreover, there …
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… v. Johnson, 42 N.J. 146, 161 (1964)). Our review of legal determinations, however, is plenary. See State v. Handy, 206 … 336 N.J. Super. 244, 251 (App. Div. 2001). In making her determination, the Law Division judge did not rule the Rules … mouth during that period of time." The evidence does not support that finding; the operator testified only that he …
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… The family court's findings are binding so long as its determinations "are supported by adequate, substantial, credible evidence." Id. … Super. at 28. In that case, we vacated the trial judge's determination that the plaintiff had an interest in the …
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… we will "not 'engage in a strained construction to support the imposition of liability' or write a better … The Supreme Court concluded in Ferrante that a prejudice determination is not needed where the insurer "never had the … held that Vassas did not expressly prohibit a prejudice determination; the issue was not addressed. Ferrante, 232 N.J. …
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… was denied. Defendant filed a timely PCR petition. In his supporting certification, defendant asserted "[he] would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not 15 A-0233-18T4 …
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… WHO CONTENDED THAT HER VOTE OF GUILT DID NOT REFLECT HER DETERMINATION. POINT III DEFENDANT'S SENTENCE IS MANIFESTLY … in evidence. This contention lacks merit. 7 A-3820-17T2 In support of his motion, defendant relied upon N.J.S.A. … jurors. We discern no basis for disturbing this reasoned determination. Our courts have long recognized a privilege …
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… affidavits or certifications based on personal knowledge in support of its contentions. Notably, RA Pain did not argue … that there was no mutual shareholder assent was not supported by any affidavits or certifications of individuals …
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… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …
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… of non-custodial probation. There was no direct appeal. To support her petition, Lian argued that her plea attorney … who was her paramour and the future father of her children. The indictment charged Lian and the man with … matter back to the trial court for further assessment and determination of the conflict of interest issue and an …
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… below was 'arbitrary, capricious or unreasonable' or '[un]supported by substantial credible evidence in the record as … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … 579). Judge Minkowitz recognized that these credibility determinations were not controlling. He considered the …
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… address any of the other claims made in the certifications supporting the PCR petition. We have not been provided with … to a PCR court's factual findings . . . that are supported by sufficient credible evidence in the record." …
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… and 4) a Peter Max painting of Michael Jordan.2 In a supporting ten- page certification, Inselberg provided … charged with his adversary's enforcement 4 Of course, the determination of any such damages would likely involve … N.J. Super. 560, 590 (App. Div. 2003). We disturb such determinations "only on the rarest occasions, and then only …
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… and factual errors," the Board's factual findings were "not supported by substantial evidence[,]" and an evidentiary … by well-known standards. "Judicial review of agency determinations is limited." Allstars Auto Grp. v. N.J. Motor … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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… Jersey, and (2) the doctrine of forum non conveniens. In support of its motion, Coco submitted a certification from … to New Jersey created the minimum contacts needed to support jurisdiction. Id. at 320, 330. Conversely, the …