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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 …
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njcourts.gov
… conclude Mountain Creek's argument that the Ski Statute supports enforcement of the indemnification provisions is …
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njcourts.gov
… of the adjournment motion papers and the judge's reasons in support of his ruling on that motion. 4 There is nothing in … state of mind and the objective component requires a determination whether the deprivation was sufficiently …
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njcourts.gov
… the evidentiary decisions made by a trial court if they are supported by sufficient, credible evidence in the record and …
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njcourts.gov
… novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative officials; … BCAJ erroneously denied her application for discovery. To support her argument, plaintiff argues discovery was …
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njcourts.gov
… will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, … were not the case, we also agree with Judge Pickering's determination plaintiff failed to show defendant's action in …