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… date, in 2008, we affirmed the Law Division judge's determination, holding, [W]hen property increases in value … 9 A-1380-14T3 This court further held: 1) The court's determination to deny interest for the period prior to … defer to the factual findings of the trial judge that are supported by adequate, substantial and credible evidence in …
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… to represent defendant and filed an amended petition and a supporting 5 A-5156-15T4 certification of defendant. The … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 3 … or, in the alternative, for summary judgment. In a supporting certification, the managing member of the … decide a question of title . . . in the way that will best support and maintain the integrity of the recording system." …
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… was exposed. We conclude that factual finding was not supported by the record. I. On appeal, plaintiffs concede … used by Condon included a warning to keep away from children. Between 1985 and 1987, Condon was promoted to an … link between Condon and Pecora was Burnham, and a determination of Pecora's liability would have necessitated …
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… Wrestler LLC, and Chicks Wrestling LLC, established to "support the growth of girls wrestling." On February 1, 2019, … facts that should have been submitted to a jury for a determination as to whether she breached the contract. As the … that resolution of those factual issues is crucial to a determination of whether the stipulated damages clause is …
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… 192 N.J. 224, 244 (2007), as long as those findings "are supported by sufficient credible evidence in the record," … summation, echoing the first trial court's findings supporting its oral decision to admit the other-crimes … when he was involved in criminal behavior was a factual determination; it did not render the admission of that …
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… 42 N.J. 146, 161 (1964)—so long as those findings are "supported by sufficient credible evidence in the record," … to leave a handgun that they observe in a public area for children or others. 13 A-5651-17T4 His recitation of those … Wong Sun v. United States, 371 U.S. 471, 488 (1963)). The determination whether significant attenuation exists to …
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… to the trial court, defendant's affidavit in support of PCR provides: I wanted to testify at trial to … to defend myself, [my female companion], and her two children. I explained this [to] my trial attorney, yet he … on to a PATH train, packed with people. His own two infant children. Was that a gross deviation that resulted in the …
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… and imposition of a 144-month FET, finding the decision was supported by credible evidence in the record and not … that the Board provided a sufficient explanation for its determination and satisfied the demands of due process. Id., … built upon prior decisions, which had established that "children are constitutionally different from adults for …
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… this amount. 10 A-3750-17T2 cases defendant relied upon to support its position "factually distinguishable" from this … his earlier ruling was "appropriate under . . . FELA." To support his decision, the judge relied heavily on the fact … defendant relies on other state and federal cases to support its position. However, these cases are neither …
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… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
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… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
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… from presenting evidence concerning her driving habits to support her claims she was not driving the [car] at the time … have a tendency in reason to aid the trier of fact in the determination of an issue before it. Without expert testimony … of cumulative evidence.'" Weaver, 219 N.J. at 151. "This determination is highly discretionary." Ibid.; see State v. …
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… tenders the NOI, but from the date it provides the data supporting the NOI. 422 N.J. Super. 399, 422 (App. Div. … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" (alterations … risk to commit another offense, N.J.S.A. 2C:44-1(a)(3), was supported by the defendant's letter in The first category, …
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… the search warrant during business hours. The affidavit in support of the search warrant included information that a … by the trial court "provided those factual findings are 'supported by sufficient credible evidence in the record.'" … unjust result. R. 2:10-2. 22 A-5276-16T4 V. Normally, our determination on the arguments raised by defendant would end …
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… as moot. In No. A-4689-16, plaintiff appeals the court's determination that his complaint is moot. In Nos. A-4693-16 … Exterior issues included roofing, inferior structural support, deteriorated windows, chimneys, skylights, … appeal is technically moot. Notwithstanding this determination, we observe an important distinction between the …
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… Before trial began, defendants sought the following determinations from the trial court: (1) a finding that … the dismissal of plaintiff's case based on the absence of supporting expert testimony; and (3) a ruling that the … in light of the deference we grant the trial judge's determination, we find no error. B. The Common Carrier …
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… statement of material facts and provided none of his own in support of his cross-motion. A-5349-16T3 3 invoices … of the language, courts apply the meaning that supports coverage rather than the one that limits it." … his damages. He provided no statement of material facts in support of his cross-motion, and Massachusetts Bay's …
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… of his PCR petition. In his certification filed in support of his PCR petition, defendant stated that his trial … to request an adverse inference charge. The judge's determination that one officer was newly hired and unfamiliar … of the rest of the jury. There is no basis in the record to support defendant's assertion that juror number five was …
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… present witnesses to show K.G. fabricated her claims. In support of his petition, defendant submitted a certification … testimony" and "uphold the PCR court's findings that are supported by sufficient credible 20 A-3508-22 evidence in … defendant's right to testify were not deficient are fully supported by the record and, thus, the legal conclusions …