Filters
- EBIN NEW YORK, INC. VS. HYNGSUK HAM, ET AL. (L-8038-18, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Jersey, and (2) the doctrine of forum non conveniens.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 …
- njcourts.gov… trial court's review of James's certification submitted in support of his answer to David's OSC led to its conclusion … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … struck the caveat and admitted the will to probate. Our determination obviates the necessity to address James's …
- njcourts.gov… incorrectly at the time the earlier order was entered. In support of her application, Calero submitted wage statements … factual findings "unless they are 'manifestly unsupported by or inconsistent with competent[,] relevant and … wage reconstruction for calculation of wages for determination of benefits for partial permanent disability." …
- STATE OF NEW JERSEY VS. CARLOS ANTONETTI (15-03-0617, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to protect the identity of the victim. 3 A-3494-17T4 children. Defendant and Ortiz went back to Home Depot a … reckless acts when there are no reckless acts or facts to support an act of recklessness . . . ." In her reasoning, … manslaughter. We discern no error in the court's determination not to charge the jury with the lesser- included …
- njcourts.gov… consequently, the court's finding amounted to a determination of a disputed fact that usurped the function of … expressed a net opinion is based on the court's factual determinations that are contradicted by the record and the … rise to the slip and fall, or eyewitness testimony, may support an inference of constructive notice about the …
- STATE OF NEW JERSEY VS. MICHAEL A. SANTOS (16-11-2186, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … in original) (quoting Terry, 392 U.S. at 27). The record supported the trial judge's finding a reasonable suspicion …
- STATE OF NEW JERSEY VS. MATTHEW G. MOORE (16-11-0521, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to admit Loveland's hearsay statements. There is ample support in the record for the trial court's conclusion 4 At … trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …
- STATE OF NEW JERSEY VS. CHRISTOPHER VARGAS (02-02-19, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Division judge concluded the factual basis was adequate to support the guilty plea. Defendant raises the following … the factual basis to a guilty plea," do "not mak[e] . . . determination[s] based on witness credibility or the feel of … trial court." Ibid. The necessity for a factual basis to support a guilty plea is rooted in due process. See McCarthy …
- STATE OF NEW JERSEY VS. JORDAN X. SMITH (18-01-0069, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of marijuana, which resulted in a conditional discharge, supported aggravating factor number three. The judge found … the judge failed to make the necessary findings of fact supporting his determination or otherwise sufficiently expressing his …
- JARRETT C. HYNES VS. DAVID S. GIBSON (L-0165-15, HUNTERDON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
- njcourts.gov… the indictments. Each of the four Cofield factors is supported by the record. First, evidence of each incident is … These are separate counts of the indictment. In your determination of whether the State has proven the [d]efendant … we were to consider defendant's argument, does the record support a conclusion that the failure to give a disguise …
- STATE OF NEW JERSEY VS. MANUEL S. RIVEIRO (19-24, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… difficulty keeping his balance. He grabbed onto the car for support to keep from falling. The officer noticed … that he had an opportunity to make a 5 A-5581-18T1 determination as to where defendant's car had its "initial … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- njcourts.gov… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … [must be filed] in accordance with [Rule 4:86] for the determination of his or her mental incompetency and the … of defendant's alleged power of attorney, the determination of which had no bearing on plaintiff's standing. …
- njcourts.gov… was determined to be smaller than previously mentioned, it supported a finding that defendant "had been in possession … the judge's decision on the motion to dismiss to be fully supported by the record. Defendant also contended that …
- ANELLO FENCE, LLC VS. SAM PORFIDO (DC-001106-19, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… (App. Div. 2019). The court "will disturb a trial court's determination on counsel fees only on the rarest occasion, and … of a binding settlement[] to make a definitive CFA determination." Id. at 420. We explained that the parties … 2015). Defendant has not moved for appellate counsel fees, supported by affidavits or certifications as prescribed by …
- STATE OF NEW JERSEY VS. PEDRO M. DECASTRO (06-12-1105, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the petition itself must allege the facts relied upon to support that claim. State v. Mitchell, 126 N.J. 565, 576 … hearing where he establishes a prima facie case in support of PCR. See R. 3:22-10(b). Viewing the facts in the …
- njcourts.gov… at 2:41 p.m., 2:44 p.m., 3:30 p.m., and 4:29 p.m. In support of their motion, defendants filed a certification … [c]ourt is satisfied with the certifications submitted in support of the contention that the method by which an e-mail … of the validity of an arbitration agreement and the legal determinations made by the trial court is de novo. Morgan v. …
- njcourts.gov… In his petition, defendant alleged the following supporting facts: I was driving my sister's car and was … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- njcourts.gov… deference on appeal, and are not overturned if they are supported by adequate, substantial and credible evidence." … for the underlying obligation." The court's reasoning was supported by Reilly's testimony, in which he confirmed he …
- njcourts.gov… his medical problems with Dr. Stefanik. The record supports this finding and we discern no basis to disturb it. … of his claim. 14 A-2357-19 We conclude that the record supports Judge Hyland's findings that plaintiff's cause of …