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njcourts.gov… period. Defendant has not demonstrated, nor is there support in the record, that his failure to timely file his 8 …
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njcourts.gov… plaintiff cannot rely on her self-serving assertion to support an equitable estoppel claim. See Fredericks v. …
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njcourts.gov… plaintiff's claims for emotional distress, which were unsupported by an expert report and therefore subject to … of that claim. However, we part ways with the court's determination plaintiff needed documentation of a medical … support of a claim for pain and suffering because it is a determination reserved for the jury. "No expert can properly …
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njcourts.gov… plaintiffs' claim there are genuine issues of material fact supporting a finding 9 A-2450-22 of liability under the …
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A-0031-23 – STATE OF NEW JERSEY VS. ANTHONY C. BARBATO (MA 23-005, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious …
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A-0393-23 – JEAN-PHILIPPE DIERO VS. ERIC S. KIM, ET AL. (L-1178-22, MERCER COUNTY AND STATEWIDE) Opinionnjcourts.gov… file a timely certification, courts make a discretionary determination "to choose a response that is proportionate to … its minimal requirement of a treating doctor certification support the conclusions reached by 9 A-0393-23 the motion …
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njcourts.gov… We disagree with both these arguments because they are not supported by the record. "Interpretation and construction of …
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njcourts.gov… 1, 2023, the court entered an order denying the motion supported by a written opinion. The court found defendant …
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A-2771-23 – MICHAEL F. EVERS VS. ANN HOLTZMAN, ET AL. (L-4083-23, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… and the measurements taken at the site, it [was her] determination that the construction of 138 Park Avenue [was] … joined, contending plaintiff failed to appeal Holtzman's determination to the Board before filing his complaint. On … to show cause and dismissing his complaint with prejudice supported by an oral opinion. It found "plaintiff, having …
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njcourts.gov… it is arbitrary, capricious or unreasonable[,] or not supported by substantial credible evidence in the record." … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … to S. 2519 1 (Sept. 22, 2020). The Legislature's determination that certain individuals would be awarded PHE …
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njcourts.gov… noting "the judge's credibility findings were sufficiently supported in the record to be afforded substantial … defendant filed a second PCR petition and moved for a determination of good cause for the assignment of counsel. In … claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
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njcourts.gov… was not needed. The governing law and record do not support either of those arguments, therefore, we reject …
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njcourts.gov… her favor. We reject plaintiff's argument because it is not supported by the record. The TCA "indisputably governs … 119, 123 (2001) (citation omitted). Nonetheless, that determination is subject to the court's preliminary assessment …
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A-3838-22 – STEVEN BAGLIVO VS. KIMBERLY A. BAGLIVO (FM-01-0938-08, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… trace defendant's allegations rather than just accept her unsupported conclusions. Rather, defendant has left the court … The judge set forth his factual findings and credibility determinations in substantial detail and incorporated those … 289 (1994). We see no reason to disturb Judge Podolnick's determination that defendant has not proved any fraud or …
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njcourts.gov… are properly in the Law Division and defendants did not support their motion to dismiss with competent or sufficient …
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njcourts.gov… after twenty years have passed. Because defendant offers no support for his primary contention he did not have earlier …
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njcourts.gov… the Court does not address the Appellate Division’s determination that Tyler should not receive full retroactivity … relief from the operation of the judgment or order.” 7 In support of his motion, Roberto argued that he had posted … purpose’ when it comes to tax foreclosure.” Plaintiff, supported by the NTLA and NJLTA, also raises various policy …
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njcourts.gov… 001274-2017, 004505-2018, and 001137-2019 Page -6- supporting data, and expressing opinions of the subject … v. Totowa Borough, 18 N.J. Tax 540, 545 (Tax 2000). The determination of the highest and best use of a property is … Central to the income capitalization approach is “the determination of the economic rent, also known as the ‘market …
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Diamond, Michael A.- ACJC Casenjcourts.gov… reviewing all of the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … such a reference was unrelated to the Foxworth matter. In support of this contention, Respondent argued that Mr. …
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Hassan v. Theophile - Unpublished Opinionsnjcourts.gov… all, each witness is either corroborated or contradicted, supported or discredited by other evidence; ▪ Whether the … any and all other matters in the evidence which serve to support or discredit his or her testimony. FALSE IN ONE – … conveniently did not occur when it came to documents that supported Hassan’s version of events. Furthermore, Hassan …