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- A-0484-23 – JOSEPH POLIMEDA, ETC. VS. M.R. OF TEANECK, LLC (L-5501-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the negligence ultimately contributed to her death. In support of the nursing negligence claims, plaintiff retained … of these three elements, the case is not sufficient for determination by the jury." Rosenberg, 352 N.J. Super. at 399. … emotional health problems, through . . . provision of care supportive to . . . well-being, and executing medical …
- A-1082-22 – DISCOVER BANK VS. S. GEORGE PODURGIEL (L-0758-22, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… to the statement was a certification from a litigation support coordinator attesting to the fact plaintiff loaned … consist[ed] of bare legal conclusions . . . entirely unsupported by affidavit or competent evidence. Even in … judgment motion and the evidence submitted by plaintiff in support of the motion because they were not raised before …
- A-3745-22 – STATE OF NEW JERSEY VS. WILBER MEJIA-HERNANDEZ (19-02-0189, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when (1) a defendant establishes "a prima facie case in support of [PCR]," (2) the court determines that there are … there are no facts outside the trial record that support . . . defendant's claims that he was denied …
- njcourts.gov… alternatively, to waive his appearance at that hearing. In support of his alternative request, defendant submitted an … at the evidentiary hearing on his motion to suppress. In support of that ruling, the trial court issued a written …
- A-2330-23 – STATE OF NEW JERSEY VS. ANTHONY A. PEOPLES (96-02-0520, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… without prejudice because defendant "failed to provide any supporting affidavits or documentation setting 5 In Blakely, … TO MAKE ANY FINDINGS OF FACTS OR CONCLUSION OF LAW IN SUPPORT OF ITS RULING DENYING DEFENDANT'S RULE 3:21-10(B)(5) …
- njcourts.gov… financial and legal management, information systems support, claims management, and reinsurance arrangements. In … not easily defined, informal agency action is any determination that is taken without a trial-type hearing, … 168, 173 (App. Div. 2003)). Under the APA, "if an agency determination or action constitutes an 'administrative rule,' …
- njcourts.gov… it seems clear that [defendant] entrusted all such determinations to the sound discretion of plea counsel, a … never with that individual at the time and date proposed in support of said alibi. His final statement 13 A-2190-21 was … specific and credible facts in the record required to support a colorable claim of innocence, thus he is not …
- njcourts.gov… contact with the criminal justice system; has a GED; two-children and a girlfriend of eleven years. He further argued … the aggravating 13 A-1277-23 or mitigating factors were not supported by credible evidence, or (3) the sentence, … the law." N.J.S.A. 2C:44–1(a)(9). The sentencing court's determination is a "qualitative assessment" of the risk of …
- A-31-24 Amicus Curiae Brief Levinson Axelrod PA Briefsnjcourts.gov… and no witnesses to either oppose Petitioner’s motion or in support of its position that Petitioner was not an essential … When a worker files a motion seeking relief, ruling or determination that worker has a right to compel the Court to … During the two and a half years Petitioner’s motion for a determination was pending, someone lost sight of the policies …
- A-0370-24 – NORBERTO PERALTA VS. SILVER LINE BUILDING PRODUCTS (DIVISION OF WORKERS' COMPENSATION) Opinionnjcourts.gov… are . . . inextricably related." An anterior fusion would support the posterior hardware. Stressors on anterior … Rather, we must defer to their factual findings and legal determinations "unless they are 'manifestly unsupported by or … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
- njcourts.gov… asserted "the regulations cited by Jersey Shore d[id] not support Jersey Shore's request for relief." On February 7, … . . the record [did not] contain[] substantial evidence to support the findings on which the agency based its action; …
- njcourts.gov… to dismiss the complaint and to compel arbitration. In support of its motion, defendant submitted a copy of an … that review, we owe "no special deference" to the legal determinations of the trial court. AC Ocean Walk, 256 N.J. at … the case, we take no position on the trial court's determination of capacity. We note defendant moved to dismiss …
- A-28-24 Reply Brief Briefsnjcourts.gov… DEFENDANT/PETITIONER JOAQUIM G. FERREIRA’S REPLY BRIEF IN SUPPORT OF PETITION FOR CERTIFICATION ANSELMI & CARVELLI, … submits this reply memorandum of law in further support of his petition seeking certification. PRELIMINARY …
- njcourts.gov… N.J. 202, 209 (2014). Self-serving assertions that are unsupported by evidence are insufficient to create a genuine … from raising the timeliness of plaintiff's complaint. In support of her equitable estoppel argument plaintiff relies … timeliness defense by not raising it in its answer is not supported by the record. USAA's answer alleged as …
- njcourts.gov… review, we accord no deference to the trial court's legal determinations. See McGovern v. Rutgers, 211 N.J. 94, 108 … for services, placement in residential facilities, and support for individuals with developmental disabilities. See … personal property of any person chargeable by law with the support and maintenance of the person and against whom a …
- njcourts.gov… States, the New Jersey Judiciary will provide additional supportive information regarding its requirements under … setting forth the proposed 7 modification and the facts to support it. Until the United States agrees to the …
- njcourts.gov… classification, nor is that information relevant to our determination. 3 A-0447-23 appointment to the rank of … CNA, and it is the public's interest for it [to] make a determination based on a complete record. The Commission … or unreasonable, or that it lacked 8 A-0447-23 fair support in the evidence, or that it violated legislative …
- njcourts.gov… Gerald Loschiavo. Plaintiff seeks 2 in this action a determination that she has an equitable ownership interest in … Lake Como property. And there is evidence that appears to support her position. For example, as already mentioned, the … has asserted.4 To summarize, the court bases its determination that plaintiff gifted $250,000 to defendants on …
- njcourts.gov… claim as a counterclaim in the federal action is unsupported, as an exception to the compulsory claim … of another pending action." Thus, the federal rules do not support the preclusion of Enoch's negligence action for … federal action cannot fairly be viewed as a final determination of Jean's negligence claim on the merits. 13 …
- A-3234-22 – STATE OF NEW JERSEY VS. BRANDON D. WILLIAMS (21-06-1587, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the [motion] court's decision so long as those findings are supported by sufficient credible evidence in the record." … about a fanny pack. Thus, we cannot consider this unsupported allegation. See R. 1:7-4(a) (requiring the trial … Yet, as noted there was no reasonable articulable facts supporting this conclusion. 15 A-3234-22 Because we conclude …