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njcourts.gov
… the dismissal, concluding the AOM was insufficient to support the plaintiff's vicarious liability claim because … issue. The court was not tasked with making a factual determination as to whether Helping Hand will ultimately be … liable for the Wedgewood defendants' actions. That determination could not be made on this sparse record, and the …
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njcourts.gov
… The judge further noted defendant was single with no children and has a mother and brother who lived in Georgia. … evidence within . . . the testimony that 11 A-3617-22 supports that the victim in this case was the initial … going to be a hardship to family members, to loved ones, to children ." 12 A-3617-22 The judge also gave "some weight" …
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njcourts.gov
… of evidence, but must accept as true all the evidence supporting the party opposing the motion, and accord [that …
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njcourts.gov
… survivorship claim recovery, was extinguished; (3) a determination of the maximum Medicaid reimbursement amount … reimbursement out of any tort A-1724-23 11 recovery." In support of these arguments, the Estate argues any … source of funds dictates the Division's reimbursement is unsupported because federal and state statutes plainly provide …
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njcourts.gov
… we defer "to the trial court's factual findings that are supported by sufficient credible evidence in the record and … translation, we lack the ability to make a substantive determination on appeal. On remand, the State shall supplement … relating to Detective Foster's testimony. The credibility determinations are significant since the only Miranda waiver …
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njcourts.gov
… filed a declaratory judgment action seeking a determination that it had complied with its fair share housing … more fully below, granted summary judgment noting a determination on whether Freehold failed to create a realistic … with . . . Freehold would have been futile is not factually supported and is thus rejected by this court." We find no …
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njcourts.gov
… applies to [plaintiffs] is trumped by the [c]ourt's determination that a [twenty]- year limitations period is … I, we discern no abuse of discretion in the judge's determination of the applicability of both the 2009 and 2019 … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant, …
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njcourts.gov
… also denied plaintiff's motion to amend based on its determination the amendment would have been futile because it … the case; however, the denial of plaintiff's motion is well-supported in the remainder of the court's decision. The … 555 U.S. 223, 236 (2009). We agree with the trial court's determination Sessomes was entitled to qualified immunity for …
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njcourts.gov
… is sufficient credible evidence present in the record to support the findings of the Law Division judge, not the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… the existence of genuine issues of material fact that could support plaintiff's claim that the firm owed him and … to grant or withhold summary judgment does not hinge upon determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). More specifically here, "the question of …
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njcourts.gov
… "derived from a sound and well-founded methodology that is supported by some expert consensus in the appropriate …
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njcourts.gov
… Avenue and struck a vehicle occupied by a woman and four children. The NPD claimed Soares thereafter falsified his … contended the arbitrator "lack[ed] jurisdiction to make a determination concerning a major discipline pursuant to … The City thereafter filed a two-count verified complaint in support of its application for an order to show cause in the …
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njcourts.gov
… it does not include his attorney's certification in support of the motion. 8 A-0282-21 New Jersey with the …
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njcourts.gov
… (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … Univ. v. Doe, 536 U.S. 273, 283 (2002), to require a determination of "whether, by enacting the statute, the … an issue cannot be "decid[ed] without an initial policy determination of a kind clearly for nonjudicial discretion," a …
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njcourts.gov
… and personnel unless a court concludes that the determination of the public entity was palpably unreasonable. … have been provided a public entity may be liable for its determination of priorities in the application of such … address and . . . tree." Castro's counsel certification in support of the motion stated that during a deposition of a …
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njcourts.gov
… She contends the court erred in its choice of law determination, and alternatively, in dismissing her complaint … states and the relative interests of those states in the determination of the particular issue; (d) the protection of … nature, requiring substantially different evidence in support of the claim or defense," because defendant would …
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njcourts.gov
… Dollars.3 On September 12, 2023, the Director issued a determination letter denying plaintiff’s claim for a refund of the Mansion Tax (“Timeliness Determination letter”). Referencing Chapter 33, P.L. 2006 … reviewed the certifications and exhibits submitted in support of, and in opposition thereto, the court finds that …
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njcourts.gov
… failed to receive a fair trial in light of repetitive, unsupported descriptions of facts made by the prosecutor … was "replete" with descriptions of facts that were never supported. Id. at 270-71. Also, the evidence the State …
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njcourts.gov
… in the record, and the passage of time alone could not support the court's finding. Furthermore, unlike the …
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njcourts.gov
… 236, 250 (2001). We further concur with the trial court's determination that equity requires plaintiff to discharge the … facts, we discern no error in the court's equitable determination that plaintiff's inappropriate actions … payoff amount to the borrowers' loan and that equity supports discharging the mortgage, we need not address the …