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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 …
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… counsel's] application is premature. There has been no determination by this [c]ourt or a finder of fact that there … is clear to us that he implicitly applied these criteria to support his decision. Thus, the judge found plaintiffs had … § 1983 because the trial judge did not make "a final determination on the merits holding that defendants engaged in …
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… facts were presented during the suppression hearing, to support defendant's December 24, 2013 arrest. The State … belief defendant was engaged in criminal activity was supported by the testimony of Officers Fesi and Ramirez, …
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… We agree the judge's Yarbough1 analysis does not support consecutive terms and for that and other reasons, we … whether "there is substantial evidence in the record to support the findings of fact upon which the sentencing court …
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… DEFENDANT AS A CALLOUS MONSTER WITHOUT HAVING ANY SUPPORT IN THE RECORD FOR HIS CLAIMS, THE PROSECUTOR … during his opening statement to the jury that were not supported by the record and "set a distorted tone for the …
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… concluded the statements would assist the jury in their determination of whether defendant resisted arrest, and he … factors, and sufficient credible evidence in the record supports his or her finding, we will affirm. State v. … judge fails to find mitigating factors that "clearly were supported by the record." State v. Bieniek, 200 N.J. 601, …
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… been tainted." R.D., supra, 169 N.J. at 559. To make that determination, the court must consider "the gravity of the … Defendant believes raising the inference of retaliation unsupported by the record was an attempt to bolster the … victim was shot in the middle of a crowd. The determination this act requires deterrence is well founded. …
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… because our Legislature has made a public policy determination that what she did on October 31st, 2008, … contract that she must be imprisoned. This public policy determination that prison is mandatory is indeed finally all … the second to defendant, was both eminently reasonable and supported by the record. The judge did not shirk from …
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… that the policies should be considered co- primary. In support of that position, it cites to Sunoco Products … policies, there is no lawful basis upon which to make a determination that the coverage should be deemed "co-primary." … with Mercer's reading of the cases upon which it relies in support of the argument. In Selective Insurance Company of …
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… defendants, . . . reserving all of its rights to seek a determination of coverage under all of the provisions in the … Catlin filed a declaratory judgment action seeking a determination that defendants are not entitled to insurance … aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), or any article …