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… R. 4:46-2. No special deference is afforded to the legal determinations of the trial court when no issue of fact … to get work-related forms). "Two rationales exist to support the 'going and coming' rule. The first is that … his testimony would vary from his certification filed in support of PBS's motion. "A motion for summary judgment is …
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… 2000). We must defer to the factual findings and legal determination made by the judge of compensation "unless they are 'manifestly unsupported by or 7 A-1988-15T4 inconsistent with competent … of limitations. Those findings required credibility determinations, not the evaluation of established facts as in …
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… Deutsche Bank filed a request for entry of default. In support of that application, Deutsche Bank also filed a … presence of a meritorious defense worthy of a judicial determination." Ibid. Particularly in a foreclosure matter, … (App. Div. 2014). "[A] court may not make credibility determinations or resolve genuine factual issues based on …
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… court" and accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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… her distress did not rise to the level required to support a claim for emotional distress. Id. at 280. We … that her emotional distress was of the severity required to support a claim against defendants for 13 A-0200-16T2 …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … The judge concluded that exigent circumstances existed to support a warrantless search of defendant's person based on … contraband. We discern no error in the motion judge's determination that the officer "had no practical opportunity …
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… 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … is sufficient credible evidence to support the Board's determination that Williams' disability was not the direct …
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… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
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… killed his ex-girlfriend, Monica Paul, with whom he had two children. The shooting occurred at the Montclair YMCA in … Defendant also submitted two certifications of his own in support of his petition. He stated his trial attorney failed … a certification from trial counsel or any documentation in support of his allegation that the State extended a plea …
default
… court, Gourvitz relies on various equitable doctrines in support of its waiver argument, including collateral, … original jurisdiction as is necessary to the complete determination of any matter on review." See also N.J. Const. … is to determine whether there is adequate evidence to support the judgment rendered' by the trial court." Fisher, …
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… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … 2005). Whether a suspect is in custody is an objective determination based on "how a reasonable [person] in the … defendant by the police was non-coercive. The record amply supports those fact-findings and we discern no basis for …
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… objection" that lacked reference to specific case law and supporting certifications. The judge also found that due to … fees 10 A-3932-14T4 from the assignor's estate must be supported by a certification of services containing the … fee applications where the court is called upon to make a determination of the amount based on reasonableness. 12 …
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… scheduling conflict, but we are not convinced the record supports a determination that plaintiff's adjournment request was without … affirm the court's award of summary judgment based on its determination that plaintiff failed to serve an affidavit 9 …
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… 101 (2016). They are upheld "so long as those findings are supported by sufficient credible evidence in the record." … incident, which the judge watched. His conclusion, not supported by Ganci's testimony, appeared to be that until … the record, we disagree with the court's legal determination. The circumstances did give rise to a reasonable …
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… . . . must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon . . . … manifest denial of justice in light of the strong evidence supporting the State's allegations. Even if defendant did …
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… N.J. Super. 396, 402 (App. Div. 2004)). The motion must be supported by an affidavit explaining the importance of the … DNA of someone other than [his DNA], it would strongly support [his] position that he was not the perpetrator." As …
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… "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, even though … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … 608 (1998)). . We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at … Defendants fail to provide any factual basis or analysis in support of their claim that Fleet violated the unidentified …
default
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …