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njcourts.gov
… to grant relief and, so, we sustain the trial judge's determination that defense counsel's errors do not require … defendant moved to vacate the confirmation order. In a supporting certification, defense counsel stated he was in … been presented with no reason to question the judge's determination that there were reasonable grounds to excuse …
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njcourts.gov
… Legislature later explicitly delegated pension forfeiture determinations pursuant to N.J.S.A. 43:1-3.1 to the judiciary. … was obligated to enter a forfeiture order upon its legal determination that Ortmann was convicted of a substantially … will survive a due process challenge so long as it is supported by a rational basis. Ibid. Although public …
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njcourts.gov
… resides there with his "significant-other," five young children, and a young adult who suffers from "bipolar … sale. Under his father's name, he filed a "Certification in Support of Motion," which referenced a motion to vacate …
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njcourts.gov
… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … and materials beyond the pleadings were submitted in support of the motions to dismiss, we treat them as motions …
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njcourts.gov
… for its payment to Vornado. We review such legal determination de novo. Templo Fuente De Vida Corp., … of a remedy in the buyer against the seller . . . but a determination of responsibility for satisfying such a remedy. … Div. 2006). Moreover, in any event, the record did not support a finding that defendant violated any of its …
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njcourts.gov
… property? (2) Is there evidence in the record that could support a finding of fact on this point? (3) Is expert … of the risk of harm is the foundational element in the determination of whether a duty exists." Ibid. (quoting J.S. …
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njcourts.gov
… by the trial court will be disturbed only 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 …
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njcourts.gov
… Sports and Exposition Authority, 104 N.J. 80 (1986), to support his argument that defendant had an independent duty … immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently negligent. … immunity – although correct – conflicts with the judge's determination that defendant was not independently negligent. …
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njcourts.gov
… not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's … disputed issues of material fact is necessary for any determination as to whether relief from the judgment is …
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njcourts.gov
… Declarations, By- Laws[,] and Rules and Regulations." In support of her allegation that pleadings 14 A-0407-19T1 …
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njcourts.gov
… of tort claim pursuant to N.J.S.A. 59:8-9. The motion was supported only by plaintiff's and her daughter's 2 Plaintiff … N.J. 335, 344 (2019) (noting N.J.S.A. 59:8-9 leaves the determination of whether a late notice may be filed to judge's … and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's …
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njcourts.gov
… valid, we defer to its judgment "so long as its decision is supported by the record and is not so arbitrary, … That section of the Rule, however, applies to "a determination of a planning board or board of adjustment , or …
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njcourts.gov
… concluded that Willis' had not made a prima facie claim in support of post-conviction relief, State v. Preciose, 129 1 …
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njcourts.gov
… to the evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … court's findings of fact, especially when credibility determinations are involved, we do not defer on questions of …
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njcourts.gov
… we accept a trial court's findings of fact if they are supported by sufficient credible evidence in the record. … are constrained to defer to the trial judge's credibility determination that Officer Ambrose stopped the Envoy in order …
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njcourts.gov
… reviewing the underlying basis of defendant's claims in support of PCR, this court held the arguments raised by …
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njcourts.gov
… liability.1 Because Mercado contends, with some evidentiary support, that the accident was caused by defendant bus …
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njcourts.gov
… 117 N.J. 402 (1990)] considered several factors that would support the reasonable juror's finding such as "the quantity … The court may consider several factors in making its determination of whether a defendant is intoxicated to the … led to his arrest. We discern no error in the court's determination that defendant was not so intoxicated to reach a …
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njcourts.gov
… Motor Inn. Defendant's wife, Deshannon Simpson, and her two children had been staying in Room 108, which defendant … rear. Because they previously observed Ms. Simpson and two children, the officers believed that other individuals could … was not overwhelmingly prejudicial. Nothing in the record supports the conclusion that the admission of the evidence …
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njcourts.gov
… following facts are derived from the evidence presented in support of, and in opposition to, Bystrowski's motion for …