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- njcourts.gov… noted there was nothing in the FAC alleging, let alone supporting, the "bare conclusion" that Morgan Stanley was in … test, we find no basis to disturb Judge Claypoole's determination that the action accrued when the statements were … Plaintiff's remaining arguments are rendered moot by our determination that the action was barred by the statute of …
- njcourts.gov… We reject these arguments. We review a trial court's determination on a motion to disqualify counsel de novo. City … as ordered by the judge. Care One's certifications in support of its disqualification motion simply explained … court. In addition, the cases are premised upon judicial determinations that the actions of the adverse law firms …
- A-0890-22 – STATE OF NEW JERSEY VS. JEROME L. GAYDEN (21-10-0676, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… the information reported by the anonymous caller. In support of his argument, defendant noted that the video … 8 A-0890-22 The court also made a critical credibility determination based only on its review of the written police … possibly defendant. Instead, the court made credibility determination based on a written police report and its viewing …
- njcourts.gov… for $145,000 and immediately rented out both units to a childcare center. By the time of trial, several childcare … orders. II. Appellate courts review a "trial court's determinations, premised on the testimony of witnesses and … court's factual findings unless "they are so manifestly unsupported by or inconsistent with the competent, relevant …
- A-1449-22 – SOFIA PEREZ, ET AL. VS. CECILIA PEREZ, ET AL. (L-2959-19, OCEAN COUNTY AND STATEWIDE) Opinionnjcourts.gov… February 22, 2018 right elbow x-rays cited in his reports supported his diagnosis. On September 9, 2022, the trial … Div. 2001). This case cried out for "a clear and concise determination that [plaintiff] [had] been heard and [her] … of these tasks. 15 A-1449-22 In remanding, we make no determination respecting the sufficiency of plaintiff's injury …
- njcourts.gov… on the Joneses' property. Both neighbors presented surveys supporting their respective positions. In September 2021, … in this type. . . . . There are many questions as to the determination of the property line between the subject … surveys, expert testimony was necessary for a just determination of the issues. "[W]e review a trial court's …
- A-3903-21 – NR DEED, LLC VS. VINCENT F. ROSZKO, ET AL. (F-008421-20, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… judgment pursuant to Rule 4:50-1. Hope's certification in support of the motion laid out details of Vincent's … Manning, 74 N.J. at 120). Here, the record adequately supports the judge's findings of extraordinary circumstances …
- njcourts.gov… unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … to discovery extensions. Ibid. "However, 'we review legal determinations based on an interpretation of our court rules … N.J. Super. 40, 51 (Law Div. 2003)).] The record does not support the court's finding that defendant established …
- njcourts.gov… We review de novo the law guiding the trial court's determination as to the entire controversy doctrine. See … on the same debt. Plaintiff cites no binding precedent to support her demand for the disgorgement of funds paid in … without prejudice, we agree with the trial court's determination that there are no amendments or further …
- A-0226-22 – STATE OF NEW JERSEY VS. JEAN BIEN-AIME-NICOLAS (15-05-0952, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… was sentenced in 2017, he was deported. Defendant has two children residing in the United States. On May 5, 2015, … (count six); third-degree endangering the welfare of children, N.J.S.A. 2C:24-4(a) (count seven); and … hearing requires "a prima facie case 14 A-0226-22 in support of [PCR], [and] . . . material issues of disputed …
- A-1450-22 – PHILIP DATTOLO VS. EMC SQUARED, LLC, ET AL. (L-0369-20, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… liability on Morgan for those fees. Our review of a final determination made following a bench trial is "subject to a … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … 141 N.J. 292, 334-35 (1995). "[T]he trial court's determination of the lodestar amount is the most significant …
- A-1000-22 – KHALILAH SHABAZZ VS. OSMAN AHMED, ET AL. (L-6150-21, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… (1988)). 10 A-1000-22 III. Plaintiff relies on Title 16 to support her contention the sale of the Branford Building was … "the diversion of property 'to any purpose other than the support and maintenance of the church or religious or …
- A-1705-22 – STATE OF NEW JERSEY VS. DARIUS BECKETT (19-04-0535, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… of him. The judge found an adequate factual basis to support the plea and accepted the guilty plea. In exchange … ineffective assistance of counsel claims were "unsupported and without merit ," and entered an order denying … 2C:44-1(f)(2). Although the judge did not make this determination at the initial sentencing, on remand defense …
- njcourts.gov… defendant's motion for summary judgment but rather only in support of his motion for reconsideration. But the record … a self-service counter. And, no evidence was presented to support plaintiff's argument as to what defendant's …
- njcourts.gov… factor nine based upon defendant's numerous letters of support but afforded little weight to this factor based on … factor nine for the reasons previously expressed in support of the other aggravating factors. Based upon his … on the record the right to appeal from the adverse determination of any specified pretrial motion. If the …
- A-3891-21 – W.E.L. VS. C.K.W. (FV-03-0032-23, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … (rev. Jan. 19, 2012).] 12 A-3891-21 "Integral to a determination of harassment" is a finding by the trial court …
- njcourts.gov… "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … no basis to disturb the trial court's findings, ably supported in the record, that based on defendant's …
- njcourts.gov… requested relief. 5 A-4148-23 II. Generally, a court's determination whether to vacate a judgment under Rule 4:50-1 … decision [as to] whether to vacate a judgment . . . is a determination left to the sound discretion of the trial court, … 429 N.J. Super. 91, 98 (App. Div. 2012); Rule 4:50-2. In support of her argument, defendant cites specific language …
- njcourts.gov… the no cause judgment on his WPL claim.1 We agree. "Final determinations made by the trial court sitting in a non-jury … of the trial judge unless . . . they are so manifestly unsupported by or inconsistent with the competent, relevant … supplementary incentive," the nonpayment of which failed to support a WPL claim. In rendering his decision, the judge …
- STATE OF NEW JERSEY VS. DANIEL CROMARTIE (09-01-0134, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… underscored the absence of medical records or reports to support defendant's claim of disabilities, rendering that …