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- njcourts.gov… on the note. The Benkendorf defendants then moved for a determination that the doctrine of estoppel precluded the … Motorworld. The banking records admitted in evidence support the judge's finding that, on December 21, 2004, … concluded that Motorworld's release of the note was not supported by an exchange of consideration because the …
- njcourts.gov… 550, 559 (1983)(holding that "[w]here the policy language supports two meanings, one favorable to the insurer and the … as employer. Harleysville cites two unpublished opinions to support its contention that insurers are required to defend …
- njcourts.gov… required arbitration." As held above, that assertion is not supported by the plain language of the 1 Despite the … in the Allied policy should be disregarded. The record supports Bean's assertion that his practice is in New …
- njcourts.gov… this court was well within its discretion to make that determination based on the arguments and case law presented. … the court disagrees. Defendants provide no authority to support their position that having this claim proceed to … union employees' work hours in order to limit the number of supporters and ultimately place the plaintiff in a position …
- njcourts.gov… with the language of the . . . agreement. The judge further supported the arbitrator’s decision to "seize[]" upon the … 28, 2006) (holding that the time frames for disciplinary determinations are negotiable); City of Newark v. Serv. Emps. … Camden Bd. of Educ. v. Alexander, 181 N.J. 187, 217 (2004) (supporting "arbitration [on] a claim which on its face is …
- njcourts.gov… about how she received her mail made no sense and did not support her claims in her certifications that although her … in the judge's decision on this point was the judge's determination that Cole was not credible. Cole never … against her "without competent and persuasive evidence to support her liability[,]" she is entitled to relief even in …
- A-4462-17T3 Opinionnjcourts.gov… 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 …
- A-4433-17T4 Opinionnjcourts.gov… 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 …
- A-1663-17T1 Opinionnjcourts.gov… 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 …
- A-3951-17T2 Opinionnjcourts.gov… 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 …
- A-4138-16T2 Opinionnjcourts.gov… 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 …
- A-1691-17T3 Opinionnjcourts.gov… [(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 …
- A-4195-17T3 Opinionnjcourts.gov… 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 …
- A-3814-17T5 Opinionnjcourts.gov… 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 …
- A-3626-16T3 Opinionnjcourts.gov… 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 …
- A-0233-18T4 Opinionnjcourts.gov… 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 …
- A-0728-18T4 Opinionnjcourts.gov… 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. …
- A-1727-19 Opinionnjcourts.gov… anyone who is affected by it. The victim wrote an email in support of defendant's character: I was not hurt nor damaged … and the "compelling need to prosecute offenders who target children" would have precluded him from admission to PTI.3 … 556, 561 (App. Div. 2010). Adhering to the original determination, this court once again remanded the case. Id. at …
- A-2446-16T1 Opinionnjcourts.gov… . ." He continued, "[i]f they come back again, and in my determination at that point they've given it a sufficient … if there is sufficient credible evidence in the record to support the findings." State v. Adams, 194 N.J. 186, 203 … points, with conclusory statements that lack any basis or support. He disputes the existence of a Super Bowl bet with …
- A-3151-17T1 Opinionnjcourts.gov… Cedar Knolls' invoices and other documents submitted to support the company's grant request. On December 26, 2017, … documents – forwarded to the agency on December 28 – supporting future remedial action, but advising that "the … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of …