njcourts.gov
… violate express or implied legislative policies, not be supported by the record, and amount to an error of law. See … that it is arbitrary, capricious, unreasonable, or unsupported by the credible evidence in the record , keeping …
njcourts.gov
… render him incapable of posing a threat of violence. To support her conclusion, the judge cited the DOC's recent …
njcourts.gov
… review discovery to locate phone records which would have supported the suppression motion and the motion to dismiss … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
njcourts.gov
… court's conclusion, that defendant was not blameless, is supported by the record. Affirmed. … STATE OF NEW JERSEY VS. …
njcourts.gov
… have been dismissed because he alleged sufficient facts to support his claims; the court erred by dismissing his …
njcourts.gov
… the factual record established as well as the credibility determinations that have to be made in order to assess whether … A-5202-17T3 she "must accept as true all the evidence which supports the position of the party defending against the … new contract). Because such a conclusion would require a determination of credibility, summary judgment would have been …
njcourts.gov
… III. Before sentencing, trial counsel submitted a brief in support of defendant's position in favor of a sentence in …
njcourts.gov
… right to foreclosure. She found defendant had not factually supported his arguments that Green Tree did not have … Act, N.J.S.A. 56:8-1 to -226, lacked merit because it was unsupported by any facts and time-barred to the extent it … not pertinent to this appeal, and found the claims were unsupported by any facts in the record. Moreover, defendant's …
njcourts.gov
… deference to a trial judge's findings of fact when they are supported by credible evidence. Rova Farms Resort, Inc. v. … case with claims based in both law and equity requires a determination as to whether the claims are separable or … Inc., 253 N.J. Super. 515, 527-28 (App. Div. 1991). This determination must be made with "a sensitive regard for the …
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… ." The judge stated that the limited discovery in this case supported his decision because the litigation was "somewhat … We review the court's decision de novo, as it was a legal determination. Cole, 215 N.J. at 275. The facts are … the arbitration clause. See id. at 276-77. In making the determination, we apply a fact-sensitive totality of the …
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… processes in India, she advised she could not make a determination at that time. The judge said she would look at … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … their own counsel fees and is responsible to do so." This determination is equally applicable to the issue of the …
njcourts.gov
… the location of the failure consists of six (6) balusters supporting a continuous [capstone] spanning horizontal from …
njcourts.gov
… plaintiff's counseled brief asserts, without documentary support, that Milton was admitted to the hospital on October … role of our Court Rules: to assure "just and expeditious determinations between the parties on the ultimate merits." …
njcourts.gov
… DEFENDANT HAD COMMITTED A CRIME. Because the motion record supports the judge's findings of fact, and because his … The deference extends to the trial court's credibility determinations. Ibid. We owe no special deference, however, to …
njcourts.gov
… with the DCA. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … exhibits. See R. 4:67-2(a) (requiring a complaint in support of an order to show cause be "verified by affidavit …
njcourts.gov
… at 690. Counsel's strategic decisions do not, in hindsight, support claims of 5 A-5839-17T4 constitutionally inadequate …
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … rightly affords to the trial judges," and disturb such determinations only where the court abused its discretion. … not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de …
njcourts.gov
… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … unrepresented parties. Plaintiffs provide further support for their argument by contrasting the arbitration …
default
… Bernard's wife, Sheliah, presented a certification in support of the motion for leave to file a late tort claim …
default
… the late filing of a tort claim notice, we reverse. In support of the motion for leave to file a late claim, …