-
njcourts.gov
… court "erred in passing judgment" on the hospital's SPAE determination because under the PSA, the court has no role in reviewing a health care facility's SPAE determination. Id. at 246-47. The Court also held that the … would be "overly burdensome." The record does not, however, support that claim. Moreover, NMC has conceded that an …
-
njcourts.gov
… "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
-
njcourts.gov
… holding: Rule 607 permits, "for the purpose of impairing or supporting the credibility of a witness, any party including …
-
njcourts.gov
… decision. 8 A-2583-16T4 We review a summary judgment determination de novo, applying the same standard as the trial … 140 N.J. 366, 378 (1995)). A trial court reviewing a determination by a board is required to give deference to the … Corporation v. Planning Board of Township of Clinton in support of her argument is misplaced. In Brower, we held a …
-
njcourts.gov
… following contentions: POINT-I THE PCR COURT ERRED IN ITS DETERMINATION THAT THE DEFENDANT DID NOT SATISFY THE … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … if a new trial were granted. Lastly, the record does not support defendant's argument that James' availability to …
-
njcourts.gov
… findings after the suppression hearing, as they were "supported by sufficient credible evidence in the record." …
-
njcourts.gov
… Court reasoned: [D]efendant's factual circumstances do not support an "involving or touching" conclusion in respect of …
-
njcourts.gov
… to be determined by motion. The order stated that upon determination of that motion, a final judgment "shall" provide … a miscarriage, but otherwise makes its own independent determination of whether a miscarriage of justice occurred. … indemnified plaintiff for his negligence was not supported. Defendants cite no other legal authority that an …
-
njcourts.gov
… defendant also moved to vacate the final judgment. In his supporting certification, DeLeon claimed he was unaware that … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
-
njcourts.gov
… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is not …
-
njcourts.gov
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
-
njcourts.gov
… attendant to litigating this matter in Kansas support invalidating the parties' forum selection clause. …
-
njcourts.gov
… counsel, alleging the amended complaint was frivolous. In support of its motion, defendant argued that before … as a matter of law." Self-serving assertions that are unsupported by evidence do not give rise to a genuine issue of …
-
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. …
-
njcourts.gov
… conclude Mountain Creek's argument that the Ski Statute supports enforcement of the indemnification provisions is …
-
njcourts.gov
… numerous reasons. Several of those arguments are factually supported, at least on their face, by a certification from … subsection b of the statute. Ibid. The trial court's determination to refer the issues raised by plaintiffs … to arbitrate is enforceable." N.J.S.A. 2A:23B-6(c). These determinations are subject to ultimate judicial review …
-
njcourts.gov
… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
-
njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Id. at 53-54 …
-
njcourts.gov
… factual findings of the trial court if those findings are supported by sufficient evidence in the record. State v. … credible witness, and we defer to the judge's credibility determinations. Locurto, 157 N.J. at 470. The police formed an …
-
njcourts.gov
… v. Colley, 397 N.J. Super. 214, 219 (App. Div. 2007)). Support was found in State v. Cromwell, 194 N.J. Super. 519, …