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… said she was fortunate to have two houses. She had two children. She was going to ask her son which house he wanted … is this about houses. Truth is, she has two houses and two children. She told me she asked you what house you wanted … that findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … court's discretion"). Here, the record was sufficient to support the preclusion of plaintiff's medical expert without …
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… event, he contended the totality of circumstances did not support the stop because the CI's tip lacked veracity or a … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we cannot 19 A-0450-22 make an independent determination of whether that conclusion was reasonable." Id. …
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… court found that defendant had not presented evidence to support his argument that he was returning from work at the … de novo. The court deferred to the credibility determinations made by the municipal court judge. See State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… controlled which circuit. These undisputed facts fully support the court's finding that "HGB knew of the condition … design and construction. Ibid. With respect to our determination defendant did not owe plaintiff a duty to … box, plaintiffs argue that knowledge "does not change the determination that [HGB Realty 2] owed a duty of care, nor is …
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… was nothing in the evidence direct or extrinsic that supported the contention that Francesco intended that Carol … and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the …
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… the verdict. In reviewing the trial court's determination of the motion for judgment notwithstanding the verdict, we accept as true all evidence supporting Timek and accord him all reasonable inferences … act of managerial prerogative based on the police chief's determination that he needed sergeants in the patrol 6 …
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… of the mortgage. It rejects the trial judge's determination that its argument was actually an attempt to … date when calculating the amount due because the evidence supported a finding that Rosemont waived its right to … did not declare a default prior to May 2014. The City also supports its argument with deposition testimony from 20 …
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… and articulable suspicion to detain defendant are amply supported by the record, and the legal consequences that … arguments, we detail the constitutional principles supporting a detention pursuant to a Terry stop and after a … previously committed a predicate offense, the evidence supports his conviction for certain persons not to have …
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… the objective facts and circumstances of the case tend to support or negate an inference the State provoked a … was intended to goad a defendant into seeking a mistrial supports the trial court 's conclusion. As for the first … by the police. Defendant fails to provide a reason that supports his premise Silva's in-court identification was the …
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… concluded that "substantial credible evidence in the Record support[ed] the Administrator's filing of the Amended First … excluding certain issues from the procedure leaves their determination untested, and creates a risk of error. The … action. In the meantime, barring an excessiveness determination may result in a larger-than-needed burden on …
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… the search warrant during business hours. The affidavit in support of the search warrant included information that a … by the trial court "provided those factual findings are 'supported by sufficient credible evidence in the record.'" … unjust result. R. 2:10-2. 22 A-5276-16T4 V. Normally, our determination on the arguments raised by defendant would end …
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… from presenting evidence concerning her driving habits to support her claims she was not driving the [car] at the time … have a tendency in reason to aid the trier of fact in the determination of an issue before it. Without expert testimony … of cumulative evidence.'" Weaver, 219 N.J. at 151. "This determination is highly discretionary." Ibid.; see State v. …
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… tenders the NOI, but from the date it provides the data supporting the NOI. 422 N.J. Super. 399, 422 (App. Div. … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" (alterations … risk to commit another offense, N.J.S.A. 2C:44-1(a)(3), was supported by the defendant's letter in The first category, …
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… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
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… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
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… to the trial court, defendant's affidavit in support of PCR provides: I wanted to testify at trial to … to defend myself, [my female companion], and her two children. I explained this [to] my trial attorney, yet he … on to a PATH train, packed with people. His own two infant children. Was that a gross deviation that resulted in the …
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… and imposition of a 144-month FET, finding the decision was supported by credible evidence in the record and not … that the Board provided a sufficient explanation for its determination and satisfied the demands of due process. Id., … built upon prior decisions, which had established that "children are constitutionally different from adults for …
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… this amount. 10 A-3750-17T2 cases defendant relied upon to support its position "factually distinguishable" from this … his earlier ruling was "appropriate under . . . FELA." To support his decision, the judge relied heavily on the fact … defendant relies on other state and federal cases to support its position. However, these cases are neither …
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… 192 N.J. 224, 244 (2007), as long as those findings "are supported by sufficient credible evidence in the record," … summation, echoing the first trial court's findings supporting its oral decision to admit the other-crimes … when he was involved in criminal behavior was a factual determination; it did not render the admission of that …