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- njcourts.gov… orders, and "[t]he 12 A-1962-22 undisputed facts clearly support[ed] a determination that [Brad] breached his fiduciary duty to" … were voided; the membership interests of Brad's minor children, James C.B. Conway for $70,000, Granville K. Conway …
- njcourts.gov… the close of discovery, B&S moved for summary judgment. In support, it contended it owed no duty to any neighboring … fire department amounts to negligence is clearly a fact determination to be made by the jury." 19 A-0160-22 As it did … 222 N.J. at 404). "Proximate cause 'requires an initial determination of cause-in-fact' . . . [which] 'requires proof …
- njcourts.gov… TO FIND MITIGATING FACTORS ONE AND TWO, WHICH WERE WELL- SUPPORTED BY THE RECORD. B. RESENTENCING IS REQUIRED BECAUSE … Probable cause "requires 'a practical, common sense determination whether, given all of the circumstances, there … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in …
- KENNETH HAGEL VS. KEVIN DAVENPORT, ET AL. (L-1532-14, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… told him soon thereafter to ask plaintiff for the orders supporting his military drills, which O'Connor called a new … the employer's reason will be assessed by the jury in its determination of whether the plaintiff has met the ultimate … with the prima facie case, may be legally sufficient to support the inference that the alleged discriminatory reason …
- njcourts.gov… As argued by the State as to motive, the four incidents support motive evidence for one another. Viewing one of the … on cars with Isaacs; and defendant encouraged Isaacs to support a false alibi. We are not convinced the similarities … by separate counts in the indictment . . . In your determination of whether the State has proven the defendant …
- njcourts.gov… their 2019 WBE certifications issued by Treasury in support of their applications. Curio did not submit a WBE … company's LLC agreement. Treasury acknowledged that its determination to uphold the certification was based on … (2023). We will not "disturb an administrative agency's determinations or findings unless there is a clear showing …
- njcourts.gov… findings and will uphold those findings when they are supported by sufficient, credible evidence in the record. … not voluntarily and knowingly given. The record does not support that argument. Read in full context, defendant was … video with your investigation, were you able to make a determination as to an identification here? A Yes. Q And who …
- njcourts.gov… Hopkins testified there were "sampling protocols" that supported lead testing "when looking for gasoline [in] … might be the case. Without detailing the methodology supporting the survey, Hopkins explained that the survey … testimony could and would be used only as relevant to a determination of Hopkins's qualifications and methodology. 30 …
- njcourts.gov… "The scope of review of an administrative agency determination is limited." Del. Riverkeeper Network v. N.J. … or (4) the findings on which it was based were not supported by substantial, credible evidence in the record." … a permitting decision by the [DEP] is a quasi-judicial determination," though, "reasoned fact-finding is essential." …
- Dionicio Rodriguez v. Shelbourne Spring, LLC (089044) (Union County and Statewide) - Published Opinionsnjcourts.gov… with public policy. And more specific legal developments support the validity of the exclusions here. After the Court … But courts cannot “engage in a strained construction to support the imposition of liability or write a better policy … with public policy. And more specific legal developments support the validity of the exclusions here. In two …
- njcourts.gov… standard of review for Daubert-based expert reliability determinations in criminal appeals. N.J.S.A. 39:4-50 prohibits … Finding that the record was not sufficient to make that determination, the Court asked a Special Master to conduct a … content and conclusions. He determined that they “support the State’s position that the DRE protocol has …
- STATE OF NEW JERSEY VS. JAMAL C. NURSE (15-07-0704, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 11:00 p.m. on July 19, 2014, two employees of a children's store, M.D.3 and M.W., left the business after it … We accept those findings of the trial court that are "supported by sufficient credible evidence in 17 A-3528-16T3 … discussed, considered a number of factors in reaching its determination that the proposed identifications were …
- STATE OF NEW JERSEY VS. JOHN R. QUACKENBUSH (13-08-0676, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
- njcourts.gov… action against Allen. Further, there is no evidence to support the assertion [that] Fromosky violated the … during work hours and . . . on a [T]ownship computer." To support those claims, Buzby attached a copy of the email … and application of the Tort Claims Act (TCA) is a legal determination that we review de novo. See Jones v. Morey's …
- njcourts.gov… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
- STATE OF NEW JERSEY VS. KYLE P. BROWN (16-10-1680, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
- STATE OF NEW JERSEY VS. JOSEPH J. TALAFOUS (16-05-0072, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… funeral expenses, and to make certain payments to her children. Both Delores and Thomas testified, however, that … Utilizing an abuse of discretion standard for evidentiary determinations, we find none. The record reflects the State … that his convictions of the theft charges were not supported by the evidence because the State failed to …
- njcourts.gov… if those were the submissions upon which he relied in support of his arguments. Defendant did not respond directly … defendant to address the factors relevant to its determination in accordance with our Supreme Court 's decision … evaluation, Your Honor. The court also explained that its determination defendant could not represent himself at trial …
- njcourts.gov… of liability and sought reformation of the Guaranty. In support of its cross-motion, plaintiff submitted a … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … in the record, and we see no reason to disturb his determination. VIII. Next, defendants contend that Judge Booth …
- STATE OF NEW JERSEY VS. ASHA A. PATTERSON (15-12-1080, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… waived them. We discern no "clear mistake" in that determination. See S.S., 229 N.J. at 381. II Defendant claims … "the tiny amount of marijuana recovered" would have only supported a disorderly person's charge. While the prosecutor … crimes evidence instruction was "essential to a fair determination," necessitated reversal of that defendant's …