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… the trial court's factual findings under the CFA did not support its conclusions of law. Defendant seeks affirmance … vehicle," and the amount owed was $28,632.24. However, in support of its claim that the transaction was a "lease …
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… N.J. 1, 13 (2021). The plain error standard requires a determination of: "(1) whether there was error; and (2) … (2018)). Finally, "[a]ppellate courts review sentencing determinations in accordance with a deferential standard." … if there was independent evidence of a conspiracy. In support of this position, defendant relies on a dissenting …
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… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … containing the gun and magazine was seized prior to any determination to impound the vehicle. Under these … magazine was invalid. V. We now address the trial court's determination that the warrantless seizure of the satchel was …
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… judgment. 7 A-2670-22 Defendants made several arguments in support of summary judgment: plaintiff failed to adduce … law. Plaintiff responded, contending the damages claim was supported by: the conversations between plaintiff and …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 147 (citing McDade, 208 N.J. at 473-74). 16 A-4543-17T1 In support of their motion to file a late notice, plaintiffs … We discern no abuse of discretion in the trial court's determination that such contentions do not constitute …
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… R. 5 A-0540-17T3 4:49-1(a). Although we must make our own determination of whether the jury's verdict resulted in a … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… Amendment, he limits his reliance to New Jersey case law to support his claim. 11 A-5041-16T2 constitutional … unfair circumstances that have garnered past judicial support for application of the doctrine of fundamental …
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… "any 9 A-0556-17T1 class or race-based motive which would support a Section 1985(3) claim," and therefore granted … on the same standard that governs the motion judge's determination." RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of action. That is because without a factual and legal determination that the individual defendants either used …
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… California v. Beheler, 463 U.S. 1121, 1125 (1983)). The determination of whether a person is in custody is an … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … not coercive. Sufficient credible evidence in the record supports the trial court's finding that defendant was not …
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… duty in this instance. Our jurisprudence does not support a duty for a commercial landowner to maintain … snowstorm, such as defendant here, lacks merit, and is unsupported by statute and case law. In support of its position, defendant relies upon Hill v. Saint …
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… will "not be disturbed unless 'they are so wholly insupportable as to result in a denial of justice[.]'" Rova … of a reasonable person." Ibid. To guide courts in the determination of whether a condition rises to the level of … defendant. There is sufficient credible evidence to support that finding. Although the trial court did not …
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… lawsuit, she claimed $55,000 in damages, which is not supported by any documentary evidence in the record. At oral … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … fun and imaginative environments for, and with, their children." Id. at 80-81. When the plaintiff saw an …
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… of the charge. The jury was free to make their own determination as to what they believe the substance of that … the truth and hindering a free flow of information." In support of this argument, defendant cites to State v. … oral opinion, and further add that defendant provides no support for his assertion that if K.B. testified …
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… conclusion was consistent with the applicable law and supported by ample evidence in the record. When defendant … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." …
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… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
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… court's fact-finding should be upheld unless it is not supported by "adequate, substantial and credible" evidence. … to the PDVA, a trial court must make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … acts or threats of violence. Id. at 127. In reaching that determination, there must be a finding that "relief is …
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… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … courts serve in ratifying plea agreements lends additional support to the principle that appellate courts owe deference … especially because the Law Division judge's ruling finds support by what is not in the record. Specifically, the …
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… from the accident and plaintiff's medical records did not support that he was asymptomatic prior to the accident. … abused its discretion, we will not reverse an evidentiary determination unless we conclude it "was so wide of the mark … Pursuant to N.J.R.E. 607, "for the purpose of impairing or supporting the credibility of a witness, any party . . . may …
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… the sound discretion of the trial court. As a discovery determination, a trial court's grant or denial of a motion to … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the … of the sidewalk at the time of her fall. No evidence supported plaintiff's argument the uneven portion of the …