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- njcourts.gov… a "motion for summary judgment should be denied when determination of material disputed facts depends primarily on … . . . ." As in Parks, "[w]e disagree that the record supports such an irrefutable conclusion." 176 N.J. at 494. …
- njcourts.gov… is presumed to have acted upon adequate factual support." Singer v. Twp. of Princeton, 373 N.J. Super. 10, … and ascertainable by every[]one." Ibid. (quoting Abalene Extermination Co., Inc. v. Oser, 125 N.J. Eq. 329, 332 (Ch. …
- njcourts.gov… we are convinced that the judge's factual findings are supported by the record and his legal conclusions are …
- ROBERT OTTMANN, ET AL. VS. CHRISTOPHER HANLON (L-0116-20, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… ha[ve] not presented this [c]ourt with any authority to support the proposition that the thirty-day timeframe begins …
- STATE OF NEW JERSEY VS. ERIC FREDERICKSDORF (A-03-21, GLOUCESTER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … Ibid. However, our review of a trial court's legal determination is plenary. See State v. Kuropchak, 221 N.J. … municipal court proceeding and made appropriate findings in support of defendant's culpability. We are satisfied there …
- njcourts.gov… judge denied the motion. Defendant did not appeal that determination despite the right to do so. See R. 2:2-3(b)(8). … the arbitration agreement was unenforceable compelled a determination that the class-action waiver within the … because defendant has not argued the fifth paragraph supports the trial judge's decision. 11 A-0794-22 to …
- STATE OF NEW JERSEY VS. KRISTINE MACRAE (16-08-0643, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and the fact that she was a single mother of two minor children. As for aggravating factors, the sentencing judge … and '. . . uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … as we must, we see no reason to question the court's determination that counsel's failure to inform defendant of …
- njcourts.gov… to vacate the final judgment and entry of default. In support, defendant submitted a certification 4 A-2822-20 in … v. EDS, 132 N.J. 330, 334 (1993)). "The trial court's determination under the rule warrants substantial deference, … Id. at 595. In Chaudhri, we agreed with the judge's determination that the plaintiff in GE Capital did not …
- STATE OF NEW JERSEY VS. NAHEEM K. DOLISON (19-02-0189, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
- njcourts.gov… to the factual history of this case, as Defendant argues in support of its motion. Plaintiff filed her Complaint on …
- njcourts.gov… factual findings made by the trial court when they are not supported by sufficient credible evidence in the record. … Accordingly, we "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … 218 N.J. at 425). We review the trial court's legal determinations de novo. Id. at 38 (citing Gamble, 218 N.J. at …
- njcourts.gov… the cell phone. She may have given it to her husband or children. Plaintiff's counsel represented he had been in … a motion to which the order to compel shall be annexed, supported by a certification asserting the delinquent …
- STATE OF NEW JERSEY VS. CHARLES J. WELCH (07-08-0858, MERCER COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to be procedurally barred, and in failing to include supporting certifications with his petitions, clearly lack … an evidentiary hearing. Preciose, 129 N.J. at 462. The determination whether to hold an evidentiary hearing on an …
- njcourts.gov… a judgment on one of the six specified grounds is a determination left to the sound discretion of the trial court, … 6 A-4126-15T1 N.J. 201, 207 (2003). "The trial court's determination under the rule warrants substantial deference, … to determine if the LLC was a sham corporation and thus to support plaintiff's cause of action against Hernandez …
- njcourts.gov… There is sufficient, credible evidence in the record to support the judge's credibility determination. At the plea hearing, defendant and his lawyer …
- IRMA DECTER, ET AL. VS. MANOJ HEJIB, ET AL. (L-4285-15, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… following facts are derived from the evidence presented in support of, in opposition to, and in reply to the motion for … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …
- njcourts.gov… in defendant's statement of material facts submitted in support of its summary judgment motion pursuant to Rule … sidewalk and 'structurally an integral part' of it." Our determination the commercial landowner had a duty to maintain …
- LUYEN D. NGUYEN VS. CHI T. DUONG (FM-09-0407-16, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the judge explaining that the equitable distribution determination would be the same regardless of the reasons for … differences. Plaintiff fails to present any argument in support of this claim. Plaintiff merely states he "would …
- njcourts.gov… as derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment …
- STATE OF NEW JERSEY VS. JEROME EDWARDS (13-07-1796, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" …