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… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Pierre, 221 N.J. 36, 52 (2015). "As a discovery determination, a trial court's grant or denial of a motion to …
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… We therefore summarize only those facts pertinent to our determination of the legal issues before us. Plaintiff entered … "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a … with prejudice, the federal court made any substantive determination of the merits of plaintiff's case. In another …
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… gifts and maintain[] an advisory role at the school in support of the 4 A-3895-23 University." N.J.S.A. … In its oral decision, the trial court made three determinations based on the papers and without an evidentiary … matter, we conclude that the interests of justice do not support enlarging the limitations period. The mitigating …
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… from work, claiming his job impacted his wife and young children because "he was repeatedly called away from his … 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 the record as a whole. …
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… Will directed an equal division of his estate to his four children; it didn’t provide for Deborah. 1 Consequently, … our case law. This case first requires the court’s legal determinations about where to place the burden of introducing … Act”) declares that any party who asserts a claim “that is supported by oral testimony of a promise, statement, or act …
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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
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… there is sufficient credible evidence in the record to support the judge's determination.'" Ibid. (quoting State ex rel. R.V., 280 N.J. … giving deference to the trial court's credibility determinations and factual findings, we find that there is …
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… to the fourth lease amendment was $36,758.40. Defendants supported their calculation of the amount owed from language … Rather, this court will review anew the summary judgment determination on appeal. Id. In deciding motions for summary … also R. 4:46-2. The type of evidence considered in such determinations includes answers to interrogatories, …
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… in its legal analysis; and (5) plaintiffs' position was supported by an expert report. II. We review a grant of … 214 N.J. 303, 322 (2013). We review a trial court's determination of that 14 A-3809-21 question de novo. … agent at ORI. In addition, we agree with Judge Sheedy's determination that Next Medical did not owe a duty of care to …
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… the March 23, 2016 accident. Evanston made two arguments in support of summary judgment. First, it argued that the … of A&R. In opposing Evanston's motion, and in support of his request for a declaratory judgment, Sharkey …
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… Thus, defendant has failed to provide any evidence to support his contentions. Defendant's bald assertions are … insufficient credible evidence in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 …
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… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
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… 82 (App. Div. 2003). Finally, the record here does not support a finding of excusable neglect. At sentencing, the … live with her? THE DEFENDANT: No. THE COURT: Do you have children[?] THE DEFENDANT: Yes, sir, two children. THE COURT: Where are the children? Where are they …
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… the funds; the court's "order of disposition" was "wholly unsupportable"; and the trial court misunderstood interpleader … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not 10 A-5122-17T3 be disturbed." Pioneer …
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… applicable legal principles, consequently supplying ample support to grant plaintiffs' motion for a new trial, we … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not be disturbed." Pioneer Nat'l Title …
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… in a preliminary statement included in plaintiff's brief in support of its motion for summary judgment in the bankruptcy … is not limited to the formal record in making a privilege determination to minimize the risk a witness will disclose 13 … additional information to permit the judge to make the determination.") (emphasis added). However, all of these …
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… were awarded $10,822. II. Standard of review. A final determination made by a trial court conducting a non-jury case … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … court's findings are "considered binding on appeal when supported by adequate, substantial and credible evidence." …
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… that defendant did not provide an adequate factual basis to support his guilty plea to second degree unlawful possession … from having a handgun was a sufficient factual basis to support his plea. The judge reviewed the transcripts of the …
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… court gives "great deference" to a trial court's determination on the admissibility of "other bad conduct" … a "clear error of judgment" to overturn the trial court's determination. State v. Castagna, 400 N.J. Super. 164, 182-83 … required to prove or disprove a fact at issue but need only support a desired inference. State v. Swint, 328 N.J. Super. …