-
njcourts.gov
… was occurring in increments of one-tenth of an hour is not supported by the record. We add only the following … include disclosure of incremental billing units, although unsupported in our current jurisprudence. While the request is … the trial court's award of attorneys' fees and costs was supported by Rule 4:42- 9(a)(8) and N.J.S.A. 2A:13-6.1 …
-
njcourts.gov
… second employee he was "going to fuck [her] up and [her] children." 3 A-3224-20 In the course of investigating these … against defendant's admission to PTI, while five factors supported admission and two factors were not applicable. … used words to threaten violence against that person and her children, a threat she believed to be credible. 11 A-3224-20 …
-
njcourts.gov
… counsel. Defendant also cites Padilla, 599 U.S. at 356, to support the theory that the Strickland standard can be met … add the following comments. Defendant relies on Padilla to support its claim that the Strickland test for ineffective … plea. We "owe deference to the trial court's credibility determinations . . . because it has 'a better perspective than …
-
njcourts.gov
… misrepresentation, and negligent misrepresentation were unsupported 7 A-2160-21 in the pleadings. The court examined … Oparaji's amended complaint pled sufficient facts to support his diverse theories against MAR, TAG, and the … found defendant[] failed to offer credible evidence to support their counterclaim. . 461 N.J. Super. 166, 170 (App. …
-
njcourts.gov
… on N.J.R.E. 101(b)(1) (2005)). "We review the judge's determinations, premised on the testimony of witnesses and … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant, … that the trial court's decision constitutes a legal determination, we review it de novo." Ibid. (citing Manalapan …
-
njcourts.gov
… and comprised of train tracks, sheds, and stanchions supporting the building. The board held fourteen public … discretionary decisions of local [land use] boards that are supported by substantial evidence in the record and reflect … discretionary authority . . . ." Jock, 184 N.J. at 597. Determinations on questions of law in land use matters do not …
-
njcourts.gov
… plaintiff cannot provide any nonspeculative evidence to support a causation theory based on the position of the … J & J and its driver, is incorrect and encroached upon a determination that could only have been made by a jury. … tape affixed to the rear impact guard and vertical supports. Defendant further argues because neither decedent …
-
njcourts.gov
… defendant argues the judge's findings were "manifestly unsupported by the competent, . . . and reasonably credible … court are generally binding on appeal, provided they are "supported by adequate, substantial, credible evidence." … findings unless those findings appear "so manifestly unsupported by or inconsistent with the competent, relevant …
-
njcourts.gov
… offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by … in maintaining DNA and 10 A-3126-22 fingerprint records to support criminal prosecutions State-wide. Our Supreme Court …
-
njcourts.gov
… Inc. Petitioner contends the court made factual findings unsupported by the record, misapplied controlling caselaw, … (1922); and Hall v. Doremus, 114 N.J.L. 47 (Sup. Ct. 1934), supported his claim. Judge Robertson explained "[i]n all of … There is substantial credible evidence in the record to support the judge's factual findings, and his understanding …
-
njcourts.gov
… the court rule on which they based their motion. In support of the motion, defendant submitted several documents … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,'" Mac … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
-
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 65 N.J. 474, 484 (1974)). "We defer to the credibility determinations made by the trial court because the trial judge … "When a trial court admits or excludes evidence, its determination is 'entitled to deference absent a showing of an …
-
njcourts.gov
… cause (OTSC), seeking a thirty-day stay of the eviction. In support of the OTSC, McNett's mother, Mary McNett, submitted … evidence from a third person or some other evidence" to support their application to extend the time to exercise the …
-
njcourts.gov
… on August 11, 2022, denying defendant's petition. In a supporting oral decision placed on the 6 A-3876-21 record on … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are …
-
njcourts.gov
… 21, 2022, the court entered an order granting NJM's motion supported by an oral opinion. The court found discovery left … "under the same standard that govern[ed] the court's determination." Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court 's legal determinations. Templo Fuente De Vida Corp. v. Nat'l Union …
-
njcourts.gov
… to Rule 3:9-3(f). In that regard, the record does not support the prosecutor or court would have agreed to or … we have not expressly addressed any arguments made in support of defendant's appeal, we have determined they are …
-
njcourts.gov
… 339 (App. Div. 2017). Plaintiff alleges she and her two children attended a birthday party at defendant 's amusement … -50, which is not at issue on this appeal. 4 A-0850-24 to support a negligence claim. It reasoned defendant "complied … requirement, regardless of whether it was correct in its determination, defendant satisfied any duty it owed by taking …
-
njcourts.gov
… 476 N.J. Super. 154, 162 (App. Div. 2023). "An agency's determination on the merits 'will be sustained unless there is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … standard. We are satisfied that the Board's final determination relied on substantial credible evidence in the …
-
njcourts.gov
… the same alleged claim addressed in his first motion. In support of his motion, plaintiff filed a certification … August 14, 2023, plaintiff moved "to reopen the case." In support of the motion, plaintiff filed the same … principles. Little, 135 N.J. at 283. The trial court's determination is entitled to substantial deference and will …
-
njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious … 602 U.S. 821 (2024). Defendant offers these cases to support his contention that any fact which increases the …