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- A-4207-19T4 Opinionnjcourts.gov… judge would be unable to reach an informed reliability determination at the Frye hearing as part of his gatekeeping … Id. at 594, 597. A-4207-19T4 7 source code and supporting software development and related … to the judge's threshold gatekeeping reliability determination of whether the science underlying the proposed …
- A-3586-19T4 Opinionnjcourts.gov… Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support of that request, defendant attached character … other cases mentioned] in the trial court's original determination." Pursuant to our order, the trial court … the permitted 'prosecutorial influence on the sentencing determination'." Id. at 148 (quoting State v. Todd, 238 N.J. …
- A-4042-19T3 Opinionnjcourts.gov… hours during which treatment was delayed would not support a verdict in excess of the $30,000 already paid to … tortfeasors, is a vestige of the common law and has no support in our current jurisprudence. We therefore reverse … caused by the successive tort that matters. We find no support for the Medical Defendants' general proposition that …
- A-0604-18T2 Opinionnjcourts.gov… the Division's investigation, defendant and his wife made unsupported claims Farghaly, who is unmarried and has no children, asked defendant if her husband or male companion, … of Farghaly and Elashkar was central to the jury's determination, the introduction of highly prejudicial evidence …
- A-2111-18T3 Opinionnjcourts.gov… 92 N.J. at 400. Defendant mistakenly cites Mirza to support its contention that a commercial landowner's duty to … foreseeable harm to others." Ibid. Finally, Qian, does not support defendant's position. Like Mirza, Qian did not … not bound by those decisions, but they provide additional support for our holding. The opinions rejecting a …
- A-5915-17/A-1243-18 Opinionnjcourts.gov… TRIAL. POINT VI THERE WAS INSUFFICIENT RELIABLE EVIDENCE TO SUPPORT THE DEFENDANT'S CONVICTIONS BEYOND A REASONABLE … 18 A-5915-17 At that point, we reversed our previous determination and concluded that in order to meet the … The court did not otherwise make any independent determination as to what was stated on the record and, …
- A-5070-18/A-0153-19 Opinionnjcourts.gov… ranged from $4,420,000 (2013) to $4,660,100 (2017). To support its contention that Hazlet over-valued the property, … in any manner, in any jurisdiction, concerning the determination of assessments." Id. at 123-24 (citation … for VNO. In any event, the DAG cautioned that "no formal determination" could be made in the abstract. Id. at 3. Nor …
- A-4639-18 Opinionnjcourts.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 …
- A-0254-18 Opinionnjcourts.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 …
- A-3510-18/A-3524-18 Opinionnjcourts.gov… of $75,000. Pre-trial, the judge reserved for the jury's determination whether plaintiffs had proven a pattern of fraud … VERDICT BECAUSE THE RECORD CONTAINED SUFFICIENT EVIDENCE TO SUPPORT THE VERDICT. A. The Court nullified a sustainable … THE EVIDENCE AND THE COURT'S PREFERENCES FOR THE JURY'S DETERMINATION; THERE WAS NO GROUND TO DISTURB THE JURY VERDICT …
- A-1529-19 Opinionnjcourts.gov… was survived by his wife, Nancy L. Holm, and two young children. 5 A-1529-19 On January 6, 2017, plaintiff filed a … genuine issues of material fact required credibility determinations by a jury, as did whether Purdy's actions rose … truck." He was later pronounced dead at the hospital. In support of his motion, Purdy argued that he only owed a …
- A-5028-17T2 Opinionnjcourts.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 …
- A-1064-15T1/A-1093-15T3 Opinionnjcourts.gov… 8 Accordingly, we need not consider whether the evidence supported a reasonable inference defendant knew his … the motion court did not err in finding there was evidence supporting plaintiff's claim that defendant owed him a duty … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
- A-4030-14T4 Opinionnjcourts.gov… of the detective." Defense counsel asserted no evidence supported the State's position that T.J. decided on her own … Super. 57, 67 (App. Div. 1979)). Here, the record does not support the State's contention that defendant invited any … theory that T.J. was intimidated by defendant and supported the defense position that her identification was …
- A-5810-12T2 Opinionnjcourts.gov… with an intent only to have consensual sex with B.M. is unsupported by any evidence clearly indicating that was the … engage in consensual sex with B.M., as this contention is unsupported and contradicted by the trial record. 17 … defendant's motive, state of mind or intent." The court's determination that B.M.'s texts were admissible under N.J.R.E. …
- A-60-20 Opinionnjcourts.gov… remained married until Ingram’s death in 2016. They had two children. In April 2014, the New Jersey State Police … given the extensive evidence presented by the State in support of defendant’s official misconduct convictions. 3 1. … IV. A. We review de novo the Appellate Division’s legal determination that the trial court’s application of the …
- A-54/55-20 Opinionnjcourts.gov… or speculative, the trial court should bar the evidence supporting that claim and enter summary judgment. The trial … The Appellate Division affirmed the trial court’s determinations. We granted plaintiffs’ petitions for … the proper standard, we reverse the Appellate Division’s determination and remand these matters for further …
- 016723-2013,016726-2013 Opinionnjcourts.gov… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. According plaintiff all reasonable and … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
- njcourts.gov… Tricon on February 28, 2020. In certifications submitted in support of the ensuing motions, Ulislam averred that Wamiq … Notwithstanding this liberality, "the essential facts supporting [the] cause of action must be presented in order … Based on our de novo review, we question the judge's determination that plaintiff's handwritten insertions were …
- njcourts.gov… judge erred (1) by refusing to reconsider a choice-of-law determination, (2) by dismissing the S.A.C. defendants for … C & F unsuccessfully moved for reconsideration of our determination that New York law should apply to its common law … and will look to see if "those factual determinations are supported by substantial, credible evidence," YA Glob. Inv., …