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… court," and we accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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… generated the Court’s decisions in Crawn and Schick do not support the application of a recklessness standard here. The … will exercise reasonable care when in charge of their children. (pp. 6-9) AFFIRMED and REMANDED to the trial court … conduct. Plaintiff appealed, challenging only the judge’s determination that a recklessness standard applied to …
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… the court to determine which of those facts may or may not support the cause of action. Plaintiff must be required to … compartmentalizes in each surviving count those facts that support the claim asserted, rather than referring, in each … We do not at this time determine whether these allegations support a cognizable cause of action. Even though, as stated …
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… 2:6-2(a)(6) properly identifying the arguments relied on to support the appeal. Almog v. Isr. Travel Advisory Serv. … (1995). We "must accept as true all the evidence which supports the position of the party defending against the … "[A] court should not 'engage in a strained construction to support the imposition of liability' or write a better …
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… the text message was admitted, trial counsel utilized it to support his theory defendant was being pressured by … defendant not to testify. Defendant's certification in support of his PCR petition noted counsel conducted a mock … In Testimony From A Defense Witness Who Predictably Supported The State's Theory Of The Case, The Jury Hearing …
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… health and her belief that he needed to get professional support. The next day, they spoke for seven-minutes about … We are satisfied the record supports the trial judge's determination that defendant committed the predicate act of … plaintiff alone." The finding is based upon the judge's determination that plaintiff's testimony was credible, to …
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… by N.J.S.A. 43:21-16(d)." Finkel appealed from the re-determination and the request for a refund to the Appeal … of the Board of Review, we defer to factfindings that are supported by sufficient credible evidence in the record." … for refund of unemployment benefits in each case when a determination of overpayment is made." To the extent we have …
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… by Zarour also does not include a maturity date. In support of his statute of limitations argument, Zarour … that he signed a single $650,000 note at the closing is not supported by credible evidence and is contradicted by … N.J. Super. 24, 37 (App. Div. 1995). 12 A-1681-21 "The determination of whether to grant a comity stay or dismissal …
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… ERRONEOUSLY REFUSED TO FIND MITIGATING FACTORS THAT WERE SUPPORTED BY THE RECORD AND 6 A-2935-21 FAILED TO EXPLAIN … 118, 128 (2017). The trial court also makes the ultimate determination as to a defendant's competency, and our review of such determinations is "highly deferential." State v. Moya, 329 …
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… had any documents "other than the May 6[], 2019 e[]mail" to support her estoppel argument, EC's counsel admitted she did … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted,' or if … Similarly, we discern no reason to disturb the judge's determination that the May 6, 2019 email did not provide a …
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… further determined plaintiffs required expert testimony to support their newly-minted claim the retaining wall caused … Div. 1991), aff'd, 260 N.J. Super. 518 (App. Div. 1992), to support their claim the existence of the retaining wall on … that later froze and caused Maria Guartan's fall is supported by nothing more than photographs showing a …
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… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … by "bare conclusions in the pleadings without factual support in affidavits," "self- 8 A-3059-21 serving … lien against defendant. Defendant contends the facts which support these claims create a genuine issue sufficient to …
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… for the defense. The trial court made credibility determinations, finding Geletei and Jones credible, but … We see no basis to disturb the trial court's well-supported reasoning. The two cases plaintiff cites, … motion, "a trial court confronted with an evidence determination precedent to ruling on a summary judgment motion …
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… arbitrary, unreasonable, or capricious action, or a lack of support in the record, the agency's final decision will be … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Richardson, 192 N.J. …
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… of Maria's estate. The beneficiaries were her sons and grandchildren with each grandchild receiving $25,000, plaintiff receiving $1, and Aldo … for various reasons he wasn't as active in giving comfort, support, or assistance to Maria in 2020 as he had been …
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… home address. According to counsel's certification in support of the motion, "[t]he certified green card [for the … subpoena served on his wife. In a certification filed in support of that motion, Ardolino stated he "[did] not recall … argument, the court entered an order denying the motion supported by an oral opinion. The court found Ardolino was …
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… sale. However, there is nothing contained in the record to support this representation. 5 A-2590-22 hearing on … first trial court considered defendant's certification in support of his OTSC application, which addressed his … respect to the two orders before us. [A] trial court's determination "will be left undisturbed unless it represents a …
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… Plaintiff argues that the Court's reasoning in Hopkins supports imposing a duty upon a real estate broker who … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Both parties rely on the Court's decision in Hopkins to support their legal arguments. We thus begin our analysis by …
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… medical and hospital documentation defendant provided in support of his application for a new trial stated that he … and demeanor, but otherwise make our own independent determination of whether a miscarriage of justice occurred. … To the contrary, our review of the medical records supports the judge's conclusion that defendant's health did …
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… leave to file a late notice of claim on July 12, 2017. In support of his motion, plaintiff provided his medical … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … and necessarily leaves it for a case-by-case determination as to whether the reasons given rise to the …