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… Maria Gatta, LLC’s challenge to a sales tax audit determination.1 For the 1 There was also a “spin-off” audit of … 186 (Tax 2006)). A naked assertion by the taxpayer without support is insufficient to rebut an audit determination. Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at …
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… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
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… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… may be held liable for risks that would be too remote to support liability at common law. See Stevens, 356 N.J. … 1980) (holding that x-ray exposure was a "physical contact" supporting recovery for emotional suffering where immediate …
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… it did not constitute a marital asset. He noted that Vann's supporting certification did not mention the PSA or provide … after year since 1993." Warner presented no evidence to support his claim. Once the parties got divorced, he acted …
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… unable to walk, that is, he was swaying and grasping for support. His legs sagged, he staggered, and he moved in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … recusal motion, the JMC denied he had made any veracity determination in the context of sustaining defendant's …
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… did not file a direct appeal from any of the Board's determinations. In February 2016, defendant filed his petition for PCR. In support of his petition, defendant alleged that his trial … question or disturb the judge's well-founded credibility determinations. Ibid. Therefore, the judge properly rejected …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
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… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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… this case for trial. I. Defendant is married and has seven children, one of whom, a minor, lived with defendant and his … Division held "the spirit and policy of the rule certainly support our determination that a judge who denies an applicant's appeal …
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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … of the plaintiff is a significant factor, "[t]he determination by the judge should ordinarily be made at a … the accrual clock starts then. 15 A-0942-16T1 The determination of when a claim accrued ordinarily should be …
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… use of the 3DMax. Rather, the court held plaintiff's proofs supported the mere possibility, rather than a reasonable … found that plaintiff provided insufficient evidence to support the negligent warning claim. In order to establish a … requisite knowledge, training and experience to reach a determination relative to the standard of care absent expert …
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… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
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… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …
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… its own software unique to that agency, with OIT providing support as necessary." Id. at 4-5. That change, accomplished … to find isolated phrases in the past executive orders to support each of those disparate views of the history of IT …
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… to the alleged dangerous condition on the premises. In support of his argument, plaintiff cites Monaco v. Hartz … for maintenance and repair of the demised premises. In support of that contention, plaintiff relied upon the …
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… 24, 2013. She was rushed to the hospital and placed on life support, where she remained until her death on July 1, 2013. … in failing to timely produce witnesses for deposition. In support, plaintiff's counsel certified that "[b]y failing to … the court's interpretation of N.J.S.A. 2A:53A-28, and its determination that plaintiff was not entitled to avail himself …
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… alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … street from the store, and his conduct was insufficient to support his conviction. We disagree. In our review of the … 2C:33-2(a)(1). The evidence amply supports the court's determination that defendant committed the offense of …
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… State drew heavily from Clark's and the CI's testimony in support of its argument defendant distributed the subject … crack cocaine sold to the CI, but the record does not support this claim. Clark voiced an opinion consistent with …
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… A-4504-14, the Planning Board and the City, as intervenor, supported by amicus curiae FWB, appeal from a February 4, … of the County Board's own engineering consultant, and unsupported by the evidentiary record. Therefore, the trial … the trial judge that the County Board's decision was not supported by the record, and the Freeholder Board's decision …