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… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
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… Inc., Arcuri Agency, and Peter M. Arcuri, Jr. (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … the available insurance coverage. Nor does Werrmann support plaintiff's attempt to establish those foundational … proceed against the brokers. She provides no authority that supports or lends any credence to this misguided premise. …
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… under the law governing parole and the factual basis supporting its findings of particular aggravating or … the public, the excessiveness of defendant's conduct amply supported a finding of aggravating factor one. Aggravating …
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… vehicle code that does define the refusal offense. Our determination in Nunnally that the charging instrument error … N.J.S.A. 39:4-50.2. This interpretation of the statute is supported by our opinion in Jalkiewicz, where we noted that … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… its argument that the holding in Hargrove controlled the determination of whether Access Bio was plaintiffs' joint … 142 N.J. 520, 529- 30 (1995)). Self-serving assertions, unsupported by evidence, "[are] insufficient to create a … Enterprise, 683 F.3d at 467. The court held that a "determination of joint employment 'must be based on a …
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… plaintiff's complaint, knowing there was no evidence to support the claims, and she made several false statements to … or appreciate evidence." However, the memorandum in support of defendant's motion for reconsideration merely … as to an award of costs for an abuse of discretion. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. …
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… judge in October 2013 – some thirty-three months before – supporting the former prosecutor's representation. Because … That argument requires little discussion. Sentencing determinations are reviewed on appeal with a highly … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). …
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… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
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… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
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… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
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… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
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… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
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… seven, her lack of criminal history. We review sentencing determinations under a deferential standard. State v. Grate, … (5), and (9). The court adequately identified the facts supporting each of those aggravating factors. The court then … activity, prior to the [i]ndictment." That finding is also supported by adequate evidence in the record. The trial …
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… recognized the Complex's governing documents "in part" supported plaintiffs' argument that they were not liable for … judge further determined discovery was not necessary "to support the validity of such expenses." The motion judge …
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… 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be filed to "the … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … have faded due to the passage of time." The County did not support its arguments with certifications or other legally …
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… 6 A-2053-19 The letter explained that: The Division's determination is based upon a decision handed down [o]n … WORK SHOULD NOT DISQUALIFY HIM FROM PERS. POINT IV: THE DETERMINATION BY PERS TO INCLUDE [HAMILTON'S] POST-RETIREMENT … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. Thus, on appeal, our …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … both probable cause and an objective exigency is simply not supported by the record. We accept Detective Souto and other …
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… resolution (the Resolution) denying the application was supported by the evidence and was not arbitrary, capricious, … site is reconcilable with the municipality's legislative determination that the condition should be imposed on all … under a (d)(3) analysis. The Board's findings were fully supported by the record. Plaintiff clearly did not satisfy …