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njcourts.gov
… was also no contact between Allen and Oritani that would support a special relationship. In City Check Cashing, the … 3 An Appellate Division panel reversed the trial court’s determination. It found that the ADS resolution signed by … the statute’s objectives. Accordingly, we reverse the determination of the Appellate Division, and reinstate the …
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njcourts.gov
… under Section 1125(a). See id. The holding in Lexmark supports dismissal of the Defendants/Counterclaimants’ … September 2014 distributorship agreements relied upon to support the Defendants/Counterclaimants’ position that … Counterclaim fails to sufficiently plead facts necessary to support the claims asserted, and merely states a formulaic …
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njcourts.gov
… learned that his elderly neighbors whom he has known since childhood, the Saroldis, suffered significant damage to … a letter with seven proposed itemized withdrawals and supporting documents. On November 4, 2014, Crown Bank’s … to address Martin Jr.’s failing Greenstar loan, 10 thus supporting Defendant’s argument that the Genda loan was …
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njcourts.gov
… home, where he resided with his fiancée and his four children, resulting in the seizure of contraband consisting … on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be … the witness' testimony or by shedding light on the determination of a disputed factual issue." Id. at 457-59. The …
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njcourts.gov
… thought that if he did, he would be dead the next day. In support of the State's case against Adams, a cellular … issue of guilt. We shall not disturb the trial court's determinations that Detective Scoppa, based on his years as an … other grounds, 79 N.J. 251 (1979). In Jenkins, a juror had children the defendant's age. She said, "I just can't make a …
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njcourts.gov
… be delivered to the jury only when there is 'obvious record support for such [a] charge. . . .'" Ibid. (second … 119, 137 (App. Div. 2000). Our review "is limited to a determination of 'whether the findings made by the trial court … may review and modify a sentence "only when the court's determination was 'clearly mistaken.'" State v. Jabbour, 118 …
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njcourts.gov
… of the clothing discovered inside the home. In support of its motion, the State argued that the court … ineligibility, as well as related fees and penalties. In support of that sentence, the court relied upon aggravating … immaterial whether the court made an explicit credibility determination as to whether defendant stepped out onto the …
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njcourts.gov
… v. Henderson, 208 N.J. 208, 288 (2011). Further, the determination can only be reached so as to require the … the judge determined that "almost all the variables that support defendant's motion are estimator variables." Judge … if there is sufficient credible evidence in the record to support the findings." Ibid. The trial court's findings are …
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njcourts.gov
… others," citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see State v. … and mitigating factors found by the trial judge were unsupported by the evidence, or the judge's application of the … State v. Hicks, 54 N.J. 390, 391 (1969)). The ultimate determination "is whether the disparity is justifiable or …
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njcourts.gov
… "was on top of his dying wife when he was scratched" was supported by that doctor's report. Defendant further … response, Mazza explained that he was instructed on those determinations as part of his domestic violence training. … scratches on my client's face that . . . led you to the determination they were defensive wounds?" The State objected …
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njcourts.gov
… of new law; (3) the factual allegations have evidentiary support or, as to specifically identified allegations, they are either likely to have evidentiary support or they will be withdrawn or corrected if reasonable … or discovery indicates insufficient evidentiary support[.] [R. 1:4-8(a) (emphasis added).] The circumstances …
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njcourts.gov
… that he agreed with Magistrate Judge Steven Gold’s determination that the “transfer [of the Property by Regina] … (JG)(SMG) at *29 (E.D.N.Y. Aug. 17, 2009). Though this determination was not essential to his decision, and certainly … is nevertheless persuasive and provides further support to this court’s conclusion. In August of 1999, the …
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njcourts.gov
… In this case, no different from other conflict cases, the determination of whether a Zoning Board member possessed a … members. Dr. Kenneth’s nephew and two nieces (Dr. Daniel’s children) -- Dr. Daniel III, Stacey A. Conte, and Jamie G. … should be approved for their project.” Anthony Barckett: “I support the Contes, yes. I believe what others have said is …
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njcourts.gov
… of fact, weighing the evidence and making credibility determinations. Rather, under the standards that govern its … material” facts in dispute that bore on any determination of the objective reasonableness of Martinez’s … inferences in favor of the nonmoving party to the extent supportable by the record,” the reasonableness of a police …
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njcourts.gov
… alter the method of calculating self-procurement tax. In support of this position, J&J argued that the NRRA was … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with … corporation's property and activities elsewhere.” Ibid. Determination as to when a state may properly impose IPTs …
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njcourts.gov
… motion, arguing the victim's history of domestic violence supported his claim of defense of others, namely, Tylka. The … head into the concrete. The hostess turned and pushed her children back into the house. She, too, retreated inside the … OF FACTOR 8 (CIRCUMSTANCES UNLIKELY TO RECUR) AND UNSUPPORTED FINDING OF AGGRAVATING FACTOR 6 (EXTENT OF …
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njcourts.gov
… on all charges. The court found the hindering charge was supported by defendant's concealment of the cocaine in his … evidence in violation of N.J.S.A. 2C:28-6. The evidence supporting the conviction showed the defendant discarded … facility, N.J.S.A. 2C:35-7.1.7 Defendant contends a determination of guilt under N.J.S.A. 2C:35- 7.1 requires a …
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njcourts.gov
… 212 N.J. at 49. By comparison, "with respect to legal determinations or conclusions reached on the basis of the … questions of law and fact, we give deference only to the "supported factual findings" of the trial court, "but review … we give due deference to the trial court, including its determination that the detectives who testified at the …
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njcourts.gov
… 107 N.J. 416, 426 (1987), Here, the record provided ample support for the court to conclude that PACA's fraud claims … in timely prosecuting claims). As a result, the record supported the court's conclusion that the statute of … with significant water infiltration. Moreover, the record supports the court's conclusion that the Feldman defendants …
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njcourts.gov
… The court concluded the Board's findings were well-supported by the record, and its decision conformed with the … "[T]he role of a judge in reviewing a local variance determination is solely to ascertain whether the action of the … interpretation of a zoning ordinance is purely a legal determination, and the determination of a zoning board on the …