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- DEEDRA L. BOWEN VS. HYUNDAI MOTOR AMERICA (L-6224-14, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of counsel fees to be submitted to the court for its determination. Plaintiff argued before the trial judge that, … counsel fees and costs for an abuse of discretion. "[F]ee determinations by trial courts will be disturbed only on the … she is not entitled to counsel fees. We discern no support for this argument. The parties agree that the …
- njcourts.gov… weight of the evidence on the motion record overwhelmingly supports his assertion that he never received Hartford's … 2512, 91 L. Ed. 2d 202, 214 (1986)). When making this determination, the evidence must be viewed "in the light most …
- njcourts.gov… tube, or brush; (4) Damage to any structure or foundation supporting the "covered equipment" or any of its parts; (5) …
- JESSE WOLOSKY VS. SOMERSET COUNTY, ET AL. (L-0956-15, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… court applied the correct legal standard, and the record supports its determination that plaintiff does not have a right under the …
- njcourts.gov… and assessments for DWI include a $100 surcharge to support the Drunk Driving Enforcement Fund, N.J.S.A. … 244, 251 (App. Div. 2001), because the Law Division's determination is de novo on the record from the municipal …
- STATE OF NEW JERSEY VS. ANDREW JAMES (14-05-1173, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of …
- STATE OF NEW JERSEY VS. DAVID J. ZUKOWSKI (04-03-15, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… The Law Division judge gave deference to the credibility determinations of the municipal court judge and independently … or some of the factors is not conclusive of the ultimate determination of whether the right has been violated." Id. at … 131, 155 (2014). Defendant asserts other errors at trial in support of his cumulative error claim. On the January 9, …
- njcourts.gov… to be appropriate, plaintiff must provide evidence to support aggravation of a pre-existing injury. See Edwards v. …
- njcourts.gov… claims of individual liability that were not A-2645-10T3 12 supported by sufficient proofs should have been dismissed … diligence they could not have learned earlier. We make no determination here regarding whether the Law Division …
- njcourts.gov… homeowner. In this light, we must decide whether these determinations: (1) entitle the contractor to a money judgment … counterclaims. We conclude that the arbitrator's determination establishes only a prejudgment lien that must be … on its breach of contract and unjust enrichment claims. In support of the motion, plaintiff submitted a certification, …
- A-1478-19T3 Opinionnjcourts.gov… vehicle. They point to several undisputed facts supporting their contention, including the close … to plaintiffs, we part company with the motion judge's determination that a rational jury could draw inferences from …
- A-3475-18T2 Opinionnjcourts.gov… to arbitrate coverage disputes under the policy. In support of its argument, JIF relied on the following … apply a de novo standard of review to the trial court's determination of the enforceability of a contract provision. … and remand for resolution of JIF's motion based on a determination of whether JIF and the municipality agreed by …
- A-4410-19T4 Opinionnjcourts.gov… when a trial court makes "findings inconsistent with or unsupported by competent evidence," utilizes "irrelevant or … and balanced the Priester factors. Its findings are supported by the record. We discern no abuse of discretion. …
- A-2984-15T4 Opinionnjcourts.gov… L.L.C. We affirm. The evidence submitted by the parties in support of, and in opposition to, defendants' summary … we discern no basis to disturb the trial judge's reasoned determination that summary judgment was inappropriate in this … materials in any way they wished. When, as here, the determination of material disputed facts depends primarily on …
- A-0979-15T3 Opinionnjcourts.gov… filed a cross-motion for summary judgment on July 30, 2013 supported by a certification from a representative of … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a …
- A-1106-15T3 Opinionnjcourts.gov… only when he or she "has presented a prima facie [case] in support of [PCR,]" meaning that "the defendant must … or when 'inadvertent errors mistakenly impacted a determination of guilt or otherwise wrought a miscarriage of … showing' that an error or violation 'played a role in the determination of guilt.'" Ibid. (quoting Mitchell, supra, 126 …
- A-1921-15T1/A-3586-15T1 Opinionnjcourts.gov… a probationary sentence, should be imposed. He left that determination to the sentencing judge. 3 A-1921-15T1 The … each case, as well as the sentencing court's findings, only supported imposition of a prison sentence of not less than … defendant. Instead, the assignment judge left that determination to the sentencing judge. The sentencing judge …
- A-3377-14T2 Opinionnjcourts.gov… basis in law 12 A-3377-14T2 or equity and could not be supported by a good faith argument for an extension, …
- A-3028-16T2 Opinionnjcourts.gov… attorney's fees awarded. We reverse and remand for a new determination of the amount of attorney's fees to be awarded … summary judgment, was denied because a certification supporting the motion was not forwarded to the court. … 424 N.J. Super. 357, 367 (App. Div. 2012). Such "'determinations by trial courts will be disturbed only on the …
- A-0882-15T2/A-1085-16T4 Opinionnjcourts.gov… for counsel to advance any argument on appeal in support of suppressing the evidence in the trunk. The PCR …