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… failure to call Cory Benning as a defense witness. In support of this argument, defendant produced certified … my own volition . . . . 2. Recently I wrote a letter to a childhood friend I grew up with, Kal S. Mitchell . . . while … factors informing that decision, we defer to that determination. Carter, 69 N.J. at 427. In our view, the judge …
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… any interim benchmarks, as these directional policy supports '[were] designed to be living documents to be … suggests conditions its rulemaking on DEP's discretionary determination of necessity. We reject petitioner contention … DEP the discretion to condition its rulemaking on a determination of necessity. In reviewing the legislative …
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… plaintiff filed an affidavit of services and documents in support of its application for attorney's fees. On March 4, … this [c]ourt affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … court accords significant deference to the trial judge's determinations of fee awards and will "disturb[] [those …
njcourts.gov
… 141 N.J. 292, 317 (1995)). Only when a court's fee determination "was based on irrelevant or inappropriate … that "all applications for the allowance of fees shall be supported by an affidavit of services addressing the factors … K.C.'s counsel appropriately submitted a certification in support of their motion for attorney's fees and cost, which …
njcourts.gov
… 4:6-2(f). Defendants also asserted comity principles in support of their motions. In October 2017, the first motion … "[t]he law of the place of contracting likely applies." To support her decision, the judge cited Monsanto Co. v. Gould … of fairness and comity." Id. at 389-90. A comity determination should be based on a "combination of the special …
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… once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate … obtain an undue advantage." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 336 (App. … our decisional law, plaintiffs' material misrepresentations support recission of the policy. First Am. Title Ins. Co., …
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… that "the sentencing factors identified by the judge [were] supported by the evidence," the sentences were "in accord … because it is fundamentally unjust. That argument is not supported by the record. The same judge presided over … because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Hannah, 248 …
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… -4- planning board to extend the subdivision approval. To support the application, Pella asserted the expenditure of … is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” … change and determine whether it can render its required determination based on the papers.” 66 East Allendale, 216 …
njcourts.gov
… Alpine. Central to both appeals is the Chancery court's determination that Angela, seeking to vacate default against … Thereafter, plaintiff moved for entry of final judgment. In support, plaintiff's counsel certified that the pleadings … trial court's discretion will not be disturbed unless its determination lacked "a rational explanation, inexplicably …
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… applications to other similarly situated taxpayers. In support of this, the Taxpayer’s attorney filed a … as well as address critical housing needs, both of which support important statewide objectives. The statute is … principles applicable to exemption/abatement determinations. Because they represent a departure from the …
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… approval for the settlement." In a certification in support of Acosta's motion for summary judgment in the lien … further argued the term "other resolution" in the FSA supported his contention the Torres matter resolved on … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… of discovery, U.S. Fire moved for summary judgment. In support of its motion, U.S. Fire relied on the deposition … the question 13 A-1918-22 referred to rented vans is not supportable. The question specifically asked whether Machane … is entitled to rescission based on equitable fraud is amply supported by clear and convincing evidence in the record. …
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… 75,81 (2002). If the record contains sufficient evidence to support the municipal board's determination, we will defer to the Board's decision. Kramer … Girt, 45 N.J. 268, 296 (1965). Further, a board's factual determinations are presumptively valid. Dunbar Homes, Inc. v. …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid. See also R. 3:22-10(b); … from a DNA expert attesting to opinions that could support a prima facie claim of a Sixth Amendment violation. …
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… and was not "the product of coercion." The judge found support for his decision that "[d]efendant clearly … State v. W.B., 205 N.J. 588, 602 n.3 (2011). Further, the determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or under-valuation … reasonable minds might accept the evidence as adequate to support the jury verdict." Kulbacki v. Sobchinsky, 38 N.J. … Dolson, 55 N.J. at 7; R. 2:10-1. We must make our own determination as to whether there was a miscarriage of …
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… an application for site plan approval. A-2655-16T3 4 have children; at the time of the hearings in 2015, there were … Board found the testimony failed to provide any evidence to support the premise that non- A-2655-16T3 7 age restricted … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
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… (2013). A PCR court's findings will be upheld if they are supported by sufficient credible evidence in the record. … at the evidentiary hearing as well as the newspaper article support this conclusion. Even if defendant was confused … with the juror. We discern no error in the judge's determination. Finally, we reject defendant's argument the …
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… to the Supreme Court. 8 A-0099-17T4 In his certification in support of PCR, defendant stated he was interviewed by his … conduct an evidentiary hearing, we review the PCR judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … Preciose, 129 N.J. at 462. We review the PCR court's determination to proceed without an evidentiary hearing for …
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… but shared an office address. In his sworn affidavit in support of his petition, defendant alleged "there was a … to conduct an adequate investigation as lacking in factual support . Finding that defendant had failed to set forth a … 9 A-3592-16T1 must allege specific facts and evidence supporting his allegations." State v. Porter, 216 N.J. 343, …