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… it has been in possession of the original [n]ote and the supporting loan documents. Defendants did not object to the … communications has been provided and no other documentation supporting the contention that [p]laintiff is not the holder … 135 N.J. 274, 283, 286, 289 (1994)). "The trial court's determination under the rule warrants substantial deference …
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… the court had previously excluded this evidence), and to support the defense theory that defendant would not have … Importantly, defendant does not proffer any evidence to support his contention that any juror observed his being … Again, absent any certifications or affidavits from jurors supporting defendant's assertions, he cannot overcome the …
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… to N.J.S.A. 2A:53A-27, but never served an expert report in support of his legal malpractice claims against plaintiff. … failed to produce an expert report and he could not support any of his counterclaims, which sounded in … the promissory note. There is no evidence in the record to support defendant's newly minted argument that he signed the …
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… 2010 GIT such that it was sufficient to cover 1 The final determination accrued interest to 12/15/2016. The total … It cites to N.J.S.A. 54A:9-7(d) and N.J.A.C. 18:35-3.1, to support its claim that it has no discretion to apply the … reason to abate interest or penalty, therefore Taxation “determination not to waive penalty and interest . . . is …
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… proposed repairs would have been ineffective was not supported by the evidence, and that her award of counsel … standards. We affirm. I. "We review the trial court's determinations, premised on the testimony of witnesses and … by September, when he first saw school buses and numbers of children arriving at the property. In late October, …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION DIRECT OVERSIGHT DETERMINATION AGAINST SOLVAY SPECIALTY POLYMERS USA, LLC. … USA, LLC (Solvay) appeals from the September 25, 2020 determination of the Department of Environmental Protection … DEP's claim for past costs lacked sufficient evidentiary support. Solvay did, however, agree to assume responsibility …
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… amend and repeal regulations and "the power to make final determinations resulting from any of the hearings required or … The Commissioner's final decision is so inadequately supported by findings of fact and a reasoned application of … 375 (1950). Accordingly, we vacate the Commissioner's determination and remand for further proceedings. Given our …
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… judge heard arguments on Nathan's request, which the Board supported, contemporaneously with the Board's motion and … order. The judge then considered "other arguments in support of enforcement of the" protective order and … the Board to file "a written statement of evidence . . . to support such charge," and, if it finds cause "to credit the …
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… COURT DID NOT FIND MIT[IGA]TING FACTOR THIRTEEN WHICH WAS SUPPORTED BY THE RECORD. POINT XIII. THE [TRIAL] COURT … measures, generously sustain that decision, provided it is supported by credible evidence in the record." Est. of … . . . centered around the death of Jimmy Gregory." In support of her "retaliation" theory of the case, the …
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… amount of the payment reduction and demanded all documents supporting Russo's reduced payment calculation. In these … reviewed the record, we discern nothing in the judge's determination that was unsupported by, or inconsistent with, … see and hear the witnesses in rendering her credibility determinations and we accord deference to her credibility …
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… that Plaintiff has established, with sufficient factual support, its prima facie right to foreclose. See Thorpe, 20 … for trial. Brill, 142 N.J. at 528–29. “A certification will support the grant of summary judgment only if the material … Div. 2014) (“Bald assertions are not capable of either supporting or defeating summary judgment.”). Instead, the …
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… in gross for the benefit of him, his wife, and their children for as long as one of them resided on their … testimony, stating: On the other hand, there is evidence supporting Plaintiff’s proposition that the easement was … to the language of the instrument." Following this determination, plaintiff moved for leave to file a cross- …
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… argue the court erred as a matter of law in its determination that lawful interest includes contract interest. … court and except as may be otherwise provided by law" in support of their position. 190 N.J. Super. at 318. Relying … supersedeas bond. Thus, the 23 A-1979-23 trial court's determination was not manifestly unreasonable, as defendants …
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… on the basis that he had not given a factual basis to support the elements of the DWI offense. One year later, the … for [a] DWI, and therefore lacking a requisite element to support the only count charged. On November 17, 2022, the … retroactively modify or ignore the facts and circumstances supporting the elements of a criminal offense under N.J.S.A. …
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… [in] the timing as [he did]." In its merits brief in support of the present appeal, the State asserts "[Dr. … N.J. at 12. Conversely, "[t]he absence of any evidence to support the charges would render the indictment 'palpably … favor, Young, 448 N.J. Super. at 218-19. Our conclusion is supported by the pertinent model jury charge, which …
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… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … N.J. 256, 271 (2019). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 … Probable cause "requires 'a practical, common[-]sense determination whether, given all of the circumstances, there …
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… to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. "In 10 A-1714-16T3 … an arbitrary manner" when they stopped defendant. Ibid. In support of the claim, defendant does not cite to even one … and reasonably close in time to the offense charged; (3) supported by clear and convincing evidence; and (4) its …
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… court added: There's no question that there is evidence to support a jury verdict that she did not sustain significant … from [the] manifest lack of inherently credible evidence to support the finding, obvious overlooking or under- valuation … counsel, State v. Yough, 208 N.J. 385, 397 (2011). "The determination of whether the appropriate response is a …
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… statements to police following his arrest, amply supported defendant's conviction and rendered admission of … charge, arguing there was no factual basis in the record to support it, and citing the prejudicial effect of such … or justify defendant's conduct. We disagree. Sentencing determinations are reviewed on appeal with a highly …
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… Drive in Kearny, where W.F. had been living with her three children and other family members.1 The dispute became … factor one. He contends that that finding was not supported by the evidence. He also argues that his prior criminal record does not support the findings on aggravating factors three, six, and …