Filters
- KATHRYN NIKIRK VS. CONDUCTV BRANDS, ET AL. (L-3059-18, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… door with no drilling or tools required and is marketed to support up to 300 pounds. 3 A-1217-19T3 Barrios's home, in … and Barrios. The phantom arbitration clause was not supported by any of ConducTV's literature, plaintiff did not …
- njcourts.gov… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …
- njcourts.gov… to represent himself at trial. The record does not support that contention. While the psychologist and judge … trial from ever concluding. The trial judge's findings are supported by adequate evidence in the record and, just as …
- njcourts.gov… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- STATE OF NEW JERSEY VS. GABRIEL C. BARNES (13-01-0178, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 23, 2019, defendant filed his petition for PCR and a supporting certification dated January 9, 2019. In his … his parents to challenge James' credibility. In further support of his PCR petition, defendant filed a June 20, 2019 … hearing, we review the judge's legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …
- STATE OF NEW JERSEY VS. DAVID L. SMITH (19-02-0098, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
- STATE OF NEW JERSEY VS. RIGOBERTO BRUNO (18-008, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Observation During the Testing Process[.] 3. Credibility Determinations Weigh in Favor of Appellant[.] On appeal, we … 157 N.J. 463, 471 (1999); but our review of legal determinations is plenary, see State v. Handy, 206 N.J. 39, 45 … written decisions both before and after remand, are well supported by the record. The municipal court judge, in …
- STATE OF NEW JERSEY VS. JOSHUA EVANS (15-10-1241, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… ANY OF THE COUNTS, AND FAILING TO FIND OR EVEN ADDRESS SUPPORTED MITIGATING FACTORS RAISED BY TRIAL COUNSEL. A. … in State v. Eli, explaining why the evidence reasonably supported defendant's father's conviction for escape. Eli, …
- njcourts.gov… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
- STATE OF NEW JERSEY VS. RAFAEL J. OLMO (15-06-1444, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
- STATE OF NEW JERSEY VS. JOSEPH M. TOMZA (19-034, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- njcourts.gov… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
- njcourts.gov… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
- njcourts.gov… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … was not equipped with code complaint handrails to help her support herself or arrest her fall." After Karen got up, she … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
- njcourts.gov… or modifications and any attachments, addenda or other supporting documents." 4 A-1984-20 The Terms and Conditions … 216 N.J. 1, stay denied, 216 N.J. 314 (2013). Without a determination of whether this was or was not a prevailing wage … motion, asserting it filed a "reply letter brief in further support" of that motion. As parties are prohibited from …
- njcourts.gov… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … by undue means, nor contrary to law. We find it fully supportable in the record. Policemen's Benevolent Ass'n, 205 …
- njcourts.gov… and pressure redistributing support" to prevent the development and deterioration of … was not required to solely point to an academic treatise to support her opinions and instead may rely on applicable … are genuine issues of material fact that require a jury's determination. Dr. Soiferman acknowledged that decedent's …
- STATE OF NEW JERSEY VS. FRANTZ E. VANEUS (17-01-0180, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… whether the facts and circumstances shown by the evidence support an inference [of defendant's guilt.]" The jury found … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Nevertheless, even … persuaded, and our review of the cases does not reveal any support for such a proposition. In Mathis and Terrell, we …
- PHILLIP A. DIXON VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) - Unpublished Opinionsnjcourts.gov… its review, the three-member panel concluded "the factors supporting the denial of parole[] are of such a serious … The Board affirmed the two-member panel's January 3, 2018 determination denying parole and the three-member panel's … assessing [his] case, concur[red] with the Board panel's determination to deny parole." The Board also agreed with the …
- njcourts.gov… described the crime and characterized the evidence supporting guilt as follows: Nineteen-year-old Elizabeth Ann … considered defendant's age, intellectual disability, early childhood emotional and physical trauma, and substance abuse … convicted of homicide but reaffirmed and expanded its determination in Graham [v. Florida, 560 U.S. 48 (2010)] that …