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… as mortgagee foreclosing on a mortgage. Specifically, in support of this proposition, defendant cites to N.J.S.A. … which was held while the instant motion was pending. In support of this proposition, defendant cites Caput Mortuum, …
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… explains that in the event of an adverse benefit determination, the member is afforded rights of appeal through … was not for the Courts "to second-guess that legislative determination." Id. at *9: Accordingly, this court lacks … out-of-network doctors." See Pl.'s Compl. ,i,i 5-9. To support the bad faith claim, plaintiff alleges that …
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… AND FAIR DEALING. I. The crux of plaintiffs' argument in support of their claim that the judgment entered should be … of action, a plaintiff "must provide evidence sufficient to support a conclusion that the party alleged to have acted in …
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… of the statement given to the court by Belluscio in support of the search warrant application. Defendant also … substantial, and 16 A-1968-19 the verdict may find strong support in the record; that matters not." Ibid. See State v. …
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… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …
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… was trespassing on the property. Both those findings are supported by substantial credible evidence. Consequently, … To the extent that Johnson, Ford, or Wilson can be read to support an argument concerning diminished privacy …
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… a diminished capacity defense at trial, N.J.S.A. 2C:4- 2, supported by the testimony of his expert witness. … credited those instructions. Because the motion record supports the judge's findings, Wright, 444 N.J. Super. at …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … "something less than the probable cause standard needed to support an arrest." State v. Thomas, 110 N.J. 673, 678 …
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… the head or . . . face." Burden had known defendant since childhood and identified him in court. Robinson, a woman … a limited scope of review when considering sentencing determinations on appeal. See id. at 272. Ordinarily, our … provide its reasons for the sentence and "the factual basis supporting a finding of particular aggravating or mitigating …
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… that the court admitted evidence during trial that only supported the State's case regarding the conspiracy count … 18 A-0263-20 alleged "flight" to Texas because it did not support an inference of "consciousness of guilt," and …
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… KARAVAS, Defendants-Appellants, and YEHUDA MEER, MEER CHILDREN IRREVOCABLE TRUST, and ROBERT MORONI, … of Harmony Holdings. However, the arbitrator made a determination of the equity interests in Harmony Holdings, … clauses of the Promissory Note and operating agreement to support the submission of their claims to binding …
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… conclusions. Ibid. Similarly, "'[t]he trial court's determinations with respect to the applicability of OPRA are … agency charged with executive branch accountability and supports the trial court's finding that prong two was … court] must generally defer to the trial judge's determination" whether there is a common law right of access. …
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… 8 A-1593-21 would be injured in the manner asserted." In support, it noted the absence of prior OSHA violations … an "exception to the workers' compensation bar." It supported this conclusion by relying on the existence of the …
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… A-3736-21 "that 'his life was over'" and "that 'he let his children down' and that 'this would not have happened if he … the short proceeding. Defendant raised five arguments in support of his petition. The only one that was not affected … no basis for disturbing the second judge's June 8, 2022 determination that defendant failed to satisfy the Strickland …
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… contractor status and ANSI and NIOSH compliance to support Valdez-Martinez' incompetent contractor claim, Mizel … The motion judge's ruling was not a dispositive determination that the incompetent contractor claim could not … doctrine. "Denial of a motion for summary judgment is a determination that there is an undisposed of issue, not a …
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… defect that rendered Creamer's bid non-responsive. In support of that argument, Carbro asserts that the trial … under the PWCR Act. Our construction of the statutes is supported by the record in this matter. As already noted, …
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… 2022). We also apply de novo review to a trial court's determination on a Rule 4:6-2(e) motion to dismiss for failure … Nor does Cole v. Jersey City Med. Ctr., 215 N.J. 265 (2013) support plaintiffs' waiver argument. In that case, our … A.3d at 132 ("The holding in Rodriguez provides forceful support for the notion that [federal forum selection …
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… double jeopardy argument. N.J.A.C. 10A:72-2.4(b) supports the trial court's finding that defendant's stay was … There is sufficient credible evidence in the record to support a finding that he did not show good cause under the …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 164 N.J. at 123. We review de novo the trial court's determination of an accrual date. Manalapan Realty, LP v. Twp. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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… because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Id. at 155. … should be held when there is (1) a prima facie case in support of PCR relief, such as ineffective assistance, (2) …