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… of liability and sought reformation of the Guaranty. In support of its cross-motion, plaintiff submitted a … "An appellate court reviews de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … in the record, and we see no reason to disturb his determination. VIII. Next, defendants contend that Judge Booth …
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… FTV because he did not engage in any conduct that could support a finding of equitable estoppel. The panel noted … to allow the parties to present evidence and arguments in support of their claims. Id. § 12600. After the hearing, the … Pittella, 205 N.J. 572, 587 (2011). We review those legal determinations de novo. See Manalapan Realty, L.P. v. Twp. …
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… if those were the submissions upon which he relied in support of his arguments. Defendant did not respond directly … defendant to address the factors relevant to its determination in accordance with our Supreme Court 's decision … evaluation, Your Honor. The court also explained that its determination defendant could not represent himself at trial …
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… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
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… funeral expenses, and to make certain payments to her children. Both Delores and Thomas testified, however, that … Utilizing an abuse of discretion standard for evidentiary determinations, we find none. The record reflects the State … that his convictions of the theft charges were not supported by the evidence because the State failed to …
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… waived them. We discern no "clear mistake" in that determination. See S.S., 229 N.J. at 381. II Defendant claims … "the tiny amount of marijuana recovered" would have only supported a disorderly person's charge. While the prosecutor … crimes evidence instruction was "essential to a fair determination," necessitated reversal of that defendant's …
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… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
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… action against Allen. Further, there is no evidence to support the assertion [that] Fromosky violated the … during work hours and . . . on a [T]ownship computer." To support those claims, Buzby attached a copy of the email … and application of the Tort Claims Act (TCA) is a legal determination that we review de novo. See Jones v. Morey's …
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… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … to prove or disprove any fact of consequence to the determination of the action." Here, the testimony that the … Defendant relies on a line of out-of-state cases as support for his contention that police testimony about a …
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… at a youth correctional facility due to his age and family support. The State's brief indicates that defendant is … We believe the trial court's findings of fact and law are supported by credible evidence in the record and we have no … the questions of a defendant may be material in making a determination as to whether defendant has been subjected to …
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… parties appeared for argument on the severance motion. In support of his application, defense counsel claimed that … stop, absolutely." Therefore, we agree with the judge's determination that the other-crimes evidence was relevant to … knew he had herpes. Thus, we agree with the judge's determination that the second Cofield prong was satisfied. 27 …
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… 96 N.J. 640, 646–47 (1984). The Court held that this determination "is one that is peculiarly within the competence … inference that the issuance of a warrant by a judge supports the rendering of a verdict"). Importantly, the … must be reversed. Because probable cause is a legal determination, we review the record de novo. S.S., 229 N.J. at …
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… We begin with defendant's assertion that N.J.R.E. 803(a)(3) supported playing additional portions of Brennan's recorded … 389, 407 (2017)). The plain error standard requires a determination: "(1) whether there was error; and (2) whether … under Anthony. C. We concur with the judge's determination regarding defendant's request to play selected …
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… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …
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… of $75,000. Pre-trial, the judge reserved for the jury's determination whether plaintiffs had proven a pattern of fraud … VERDICT BECAUSE THE RECORD CONTAINED SUFFICIENT EVIDENCE TO SUPPORT THE VERDICT. A. The Court nullified a sustainable … THE EVIDENCE AND THE COURT'S PREFERENCES FOR THE JURY'S DETERMINATION; THERE WAS NO GROUND TO DISTURB THE JURY VERDICT …
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… was survived by his wife, Nancy L. Holm, and two young children. 5 A-1529-19 On January 6, 2017, plaintiff filed a … genuine issues of material fact required credibility determinations by a jury, as did whether Purdy's actions rose … truck." He was later pronounced dead at the hospital. In support of his motion, Purdy argued that he only owed a …
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… area surrounding the intersection also included an early childhood development center and Camden High School. … he was familiar with the area. He stated he knew two children were riding on their bikes because when Sarson was … the person shown. But additional evidence in the record supports the judge's decision that defendant's confession …
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… ranged from $4,420,000 (2013) to $4,660,100 (2017). To support its contention that Hazlet over-valued the property, … in any manner, in any jurisdiction, concerning the determination of assessments." Id. at 123-24 (citation … for VNO. In any event, the DAG cautioned that "no formal determination" could be made in the abstract. Id. at 3. Nor …
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… TRIAL. POINT VI THERE WAS INSUFFICIENT RELIABLE EVIDENCE TO SUPPORT THE DEFENDANT'S CONVICTIONS BEYOND A REASONABLE … 18 A-5915-17 At that point, we reversed our previous determination and concluded that in order to meet the … The court did not otherwise make any independent determination as to what was stated on the record and, …
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… utilized by the clerk in order to arrive at his [or her] determination. In the absence of such statutory direction, a … A-0080-20 17 Thus, the clerk is charged with making two determinations: (1) the actual number of votes cast in the … the opportunity to move one election, but not the other. In support, defendant cites N.J. Democratic Party v. Samson, …