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… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
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… contends that (1) the plain language of Subparagraph E supports its methodology wherein the entire amount of an NOL … In a separate Notice of Assessment Related to Final Audit Determination for tax years 2010 and 2011, Taxation found that … credits. Plaintiff protested the refund denial and audit determination to CAB. It argued that the NOL carryover period …
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… and weapons offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . … probability of changing the outcome of the probable cause determination.” For that reason, and because defendant had … N.J.S.A. 2A:162-15, -18(a)(1), -19(e)(3). To make that determination, the court can take into account all relevant …
njcourts.gov
… alternative, remand the matter to the trial court for a determination of the date on which the Dimitrakopouloses’ … submitted no certification or other proof in support of their contention that they were unaware of their … 16 An appellate court reviews de novo the trial court’s determination of the motion to dismiss under Rule 4:6-2(e). …
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… correctly valued as a residential health care facility. In support of this allegation, plaintiffs rely upon the … are "(1) to encourage the comprehensive and conclusive determination A-2456-21 25 of a legal controversy; (2) to … remaining defendants. We also conclude, subject to any determination resulting from the remanded proceedings, it is …
njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
njcourts.gov
… tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under … a settlement if it is not satisfied that the proofs offered support the entry of a judgment. For that reason, such … . . . Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case.” Watkins …
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… January 2007, the court affirms the Director’s final determination. The tax imposed for the other years under audit … 11, 2013, a notice of assessment related to final audit determination (“assessment”) was issued which plaintiff … not required to state all possible grounds and theories to support he assessment, and should not be precluded from …
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… judge erred (1) by refusing to reconsider a choice-of-law determination, (2) by dismissing the S.A.C. defendants for … C & F unsuccessfully moved for reconsideration of our determination that New York law should apply to its common law … and will look to see if "those factual determinations are supported by substantial, credible evidence," YA Glob. Inv., …
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… Tricon on February 28, 2020. In certifications submitted in support of the ensuing motions, Ulislam averred that Wamiq … Based on our de novo review, we question the judge's determination that plaintiff's handwritten insertions were … the enforceability of a "pay-if-paid" provision and determination that the subcontractor expressed a clear and …
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… or speculative, the trial court should bar the evidence supporting that claim and enter summary judgment. The trial … The Appellate Division affirmed the trial court’s determinations. We granted plaintiffs’ petitions for … the proper standard, we reverse the Appellate Division’s determination and remand these matters for further …
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… that dicta in State v. Twiggs, 233 N.J. 513 (2018), supports his statutory interpretation of “in possession,” … on a purely legal question, however, we review that determination de novo.” Ibid. Particularly in the … physical evidence of a crime.” Id. at 521. Although that determination is not relevant to the circumstances of this …
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… As argued by the State as to motive, the four incidents support motive evidence for one another. Viewing one of the … on cars with Isaacs; and defendant encouraged Isaacs to support a false alibi. We are not convinced the similarities … by separate counts in the indictment . . . In your determination of whether the State has proven the defendant …
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… told him soon thereafter to ask plaintiff for the orders supporting his military drills, which O'Connor called a new … the employer's reason will be assessed by the jury in its determination of whether the plaintiff has met the ultimate … with the prima facie case, may be legally sufficient to support the inference that the alleged discriminatory reason …
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… TO FIND MITIGATING FACTORS ONE AND TWO, WHICH WERE WELL- SUPPORTED BY THE RECORD. B. RESENTENCING IS REQUIRED BECAUSE … Probable cause "requires 'a practical, common sense determination whether, given all of the circumstances, there … is entitled to appellate deference so long as that determination is supported by sufficient credible evidence in …
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… imposing an excessive sentence. Because the record does not support certain findings the court made in sentencing … to prove or disprove any fact of consequence to the determination of the action." Rose, 206 N.J. at 160 (quoting … consider the surrounding circumstances to find adequate "support that the third prong of Cofield was satisfied." …
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… (emphases added). The change to Rule 4:19 thus does not support placing a burden on the plaintiff to justify … and by the Federal Rules of Civil Procedure likewise do not support placing the burden on the plaintiff to show special … would not perform the examination if it were recorded. In support of his position, Dr. Morgan cited the 2016 Policy 10 …
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… the close of discovery, B&S moved for summary judgment. In support, it contended it owed no duty to any neighboring … fire department amounts to negligence is clearly a fact determination to be made by the jury." 19 A-0160-22 As it did … 222 N.J. at 404). "Proximate cause 'requires an initial determination of cause-in-fact' . . . [which] 'requires proof …
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… relying on those adult sentencing enhancement features to support a conclusion that the goals of special and 5 The … for the judge to render a more detailed opinion to support the order. III. We next address defendant's … a "black rifle" as the prosecutor had initially argued in support of the admissibility of the video. The lateness of …
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… wore the hoodie on the night of the murder, which was supported by the now-excluded telephone and text … to prove or disprove any fact of consequence to the determination of the action." As a minimum, the videos at … are sufficiently clear to permit the jury to make this determination. The remaining videos to which defendant objects …