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- A-1005-18T1 Opinionnjcourts.gov… State did not raise any others to the court in its brief in support of the warrantless search. The trial court's careful … section of defendant's reply brief to the trial court in support of his motion to suppress evidence: "In the case at …
- A-1953-19T1 Opinionnjcourts.gov… Brach Eichler from representing the Prassas defendants. In support, Delaney attached a certification and an abundance … 1992)).] The court set forth five factors relevant to a determination whether the moving party seeking … Delaney's adversaries as well as Delaney's possession of supporting documentation he now uses as a sword to …
- A-5819-17T1 Opinionnjcourts.gov… "impressed by the fact that [defendant] ha[s] a loving and supportive family" and defendant "came into court and . . . … application of the estimator variable of distance." In support, defendant relies upon the Supreme Court 's opinions …
- A-4801-17T1 Opinionnjcourts.gov… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
- A-4817-18T4 Opinionnjcourts.gov… and defendant were married in September 2016. They have no children together. Plaintiff obtained a March 20, 2019 … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Id. at 127; accord J.D., 207 N.J. at 476. This second determination, like the first, "must be evaluated in light of …
- A-5317-17T4 Opinionnjcourts.gov… factual picture," nor draw an inference without evidentiary support. Ibid. (quoting Colucci, 326 N.J. Super. at 177); … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
- A-1491-17T4 Opinionnjcourts.gov… 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. …
- A-1200-15T2 Opinionnjcourts.gov… 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 …
- A-2717-15T1 Opinionnjcourts.gov… 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 …
- A-3222-14T2 Opinionnjcourts.gov… 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 …
- A-2235-16T1 Opinionnjcourts.gov… 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 …
- A-2484-15T1 Opinionnjcourts.gov… "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 …
- A-4829-16T4 Opinionnjcourts.gov… 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 …
- A-5226-14T2 Opinionnjcourts.gov… 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 …
- A-2037-15T1 Opinionnjcourts.gov… 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, …
- A-0128-16T3 Opinionnjcourts.gov… 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 …
- A-2047-15T1 Opinionnjcourts.gov… 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, …
- A-5341-14T4 Opinionnjcourts.gov… 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 …
- A-0997-21 – TONY PING YEW VS. FMI INSURANCE COMPANY (DC-001516-21, SUSSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… "appealed . . . to the Appellate Division"; (4) "[t]he determination of the issue was essential to the 8 A-0997-21 … appeal followed. We "review[] de novo the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)." … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted," Rieder v. …
- njcourts.gov… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … of Monmouth, 406 N.J. Super. 1, 6 (App. Div. 2009). "[D]eterminations about the applicability of OPRA and its … point to, and our research does not yield, any caselaw to support a sweeping disregard for organizational …