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njcourts.gov
… filed a letter brief in opposition on April 18, 2016. In support of her motion to amend, plaintiff certified that … motion to amend." Because the court's factual findings are supported by substantial credible evidence in the record, …
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njcourts.gov
… 21, 2015, plaintiff filed a motion for summary judgment. In support of that motion, plaintiff submitted a certification … had authority to sign the assignment on behalf of MERS. In support of this contention, defendants rely upon what …
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njcourts.gov
… DWI defendant need not have actual knowledge of the facts supporting the contentions that underlie his discovery … that the destruction of evidence is overcome by the determination that Officer Henriquez's "credible" testimony … his assertion that the bottles were unopened, lending support to defendant's testimony that he had not been …
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njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
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njcourts.gov
… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
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njcourts.gov
… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
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njcourts.gov
… beyond a reasonable doubt." Notwithstanding the BCPO's determination, on February 2, 2017, the municipal court judge … charges in the absence of sufficient admissible evidence to support a conviction." [citation omitted.] This appeal … FACP's decision not to pursue a prosecution because the determination "was tainted by the conflict [Brennan is …
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njcourts.gov
… she acted recklessly. Defendant's admission does, however, support an inference that she was mentally competent at the … committed at SOMC is probative evidence that would support a finding that defendant was mentally competent when …
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njcourts.gov
… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …
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njcourts.gov
… arbitrary or there is a lack of substantial evidence to support them." NYT Cable TV v. Borough of Audubon, 230 N.J. … the Tax Court has ruled that the Director cannot base a determination of whether the Unreasonable Exception has been … [D]irector (through general regulation or case-by-case determination) before departing from the general rule of …
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njcourts.gov
… defendant's testimony and found the video did not support it. The judge noted the video did not show the 6 … boils down to a disagreement with the courts' credibility determinations. We generally defer "to trial courts' … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
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njcourts.gov
… the Appellate Division affirmed the trial court’s determination. The panel agreed that defendant had not … a published opinion, the Appellate Division affirmed the determination of the trial court. Gaskill v. Citi Mortg., … raised by this appeal and accordingly find that it does not support plaintiffs’ argument. In Judd, the Third Circuit did …
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njcourts.gov
… underscores the deference afforded to the Division’s determinations in tax matters, it concurs with the conclusion … of the experience, knowledge and education of the taxpayer” supports a finding of “reasonable cause.” N.J.A.C. 18:2- … 50, 54. The Appellate Division affirmed the Tax Court’s determination with respect to the late payment and tax amnesty …
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njcourts.gov
… the final judgment. In defendants' certification filed in support of the motion, they sought relief to "allow [them] … relevant to Rule 4:50-1(a) and made "irrelevant" and "unsupported" factual findings. Plaintiff also asserts the … v. Little, 135 N.J. 274, 283 (1994)). A court's determination under Rule 4:50-1 "warrants substantial …
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njcourts.gov
… the presentation of plaintiff's testimony based on its determination that her testimony was not credible. Because the … woman who steals his money, a bad mother[,] and that her children are bad as well" and as a result "many of her … in the [TRO]," amounted to 7 A-0521-23 "bare allegations unsupported by any documentary evidence," and her responses to …
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njcourts.gov
… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … Adar every reasonable inference from the facts alleged in support of its quasi-contract claim for unjust enrichment, …
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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … However, our review of the Law Division judge's legal determinations is plenary. State v. Kuropchak, 221 N.J. 368, … concept of passively allowing something to happen. Case law supports these common notions of "permit" and "suffer" that …
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njcourts.gov
… APPLIED THE WRONG STANDARD OF REVIEW, AND A FACTUALLY UNSUPPORTED AND FAULTY ANALYSIS. II. "Our review of a PCR … Chew, 179 N.J. at 217). We agree with Judge Romanyshyn's determination that Cheron's, Nickerson's, and Tolliver's … the murder. We further discern no error in the judge's determination that trial counsel was not deficient, as trial …
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njcourts.gov
… on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …