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… either Bhagu franchise agreement produced by defendant in support of his motion. Novello also could not remember … 573 (1959). We give great weight to the trial court's determination because it "sat on the original trial" and is, … judge's factfinding, we discern no basis to disturb this determination. We next turn to the first and third prongs. …
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… injuries and instead allowing the jury to make that determination because "reasonable minds could differ." The … and any testimony attesting otherwise was a credibility determination for the jury to decide. A jury charge conference … court: "[I]f, accepting as true all the evidence which supports the position of the party defending against the …
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… a 9mm Ruger out of the left side of defendant's jacket. A childhood acquaintance and friend of defendant, Anthony … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … However, the court's finding that Calleja was credible is supported by the record and is entitled to deference. …
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… further argue that the evidence presented at trial did not support counsel's assertion that plaintiff would experience … will suffer pain for "millions" of minutes has sufficient support in the evidence. The comment was not improper. 14 … presented at trial. The record supports the judge's determination that defendants did not meet the standard for a …
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… 14, 2015, the Division Director mailed four separate Determination and Demand for Refund notices to Byrne, advising … N.J.S.A. 43:21-16(a)(1). Byrne appealed the Director's determinations to the Appeal Tribunal on September 21, 2015, … earnings conflicted with Monmouth's payroll records. In support, the investigator submitted numerous documentary …
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… The Kolarsicks and Kenneys did not appeal the Board's determination, and the Kolarsick's did not purchase the … and unreasonable. The court found that variance determinations adhere to the property and are not personal to … of the second application on the merits. Case law supports a contrary conclusion. For example, in Russell, 31 …
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… of deference, the court found ample evidence in the record supports the Board's grant of the variances and its 10 A-3839-16T1 determination that the approvals will not cause substantial … agencies involved." Kramer, 45 N.J. at 296-97. That said, determinations on questions of law in land use matters do not …
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… (1977)). A trial court may overrule a prosecutor's PTI determination only when the circumstances "clearly and … N.J.S.A. 2C:43-12(e)(7), (14), and (17). The record supports the judge's findings. Defendant also argues that … A-0459-16T3 Here, there is sufficient credible evidence to support Judge Bariso's findings on the aggravating and …
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… light of the applicable law, we affirm the trial court's determination. We do so substantially for the sound reasons … Blackstone affiliates would provide a guaranty or credit support. Upon learning this, PSEG requested in April 2015 … arbitration. PSEG amplified its contentions with various supporting certifications. If the trial court detected any …
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… of certain procedures, treatments and diagnostic tests, supported by the physician's clinical findings. See N.J.S.A. … Dr. Lazarus concluded he 11 A-3924-15T3 could not make a determination of medical necessity with respect to the … the insurer's agents to kill the insured and the insured's children . . . ." Id. at 475. [Endo Surgi Ctr., 391 N.J. …
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… party may obtain a [comparative market analysis (CMA)] to support a listing of the property. If the parties cannot … such party may obtain a comparative market analysis to support a listing of the property. . . . The whole purpose … in a loss or short-sale, such party may obtain a CMA to support a listing of the 11 A-3217-16T2 property. If the …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … defendant was his own admissions. The State's case was also supported by the testimony of the victim's helper, who … the issues before the PCR court. Rather than remand for a determination of the issues, we exercise our original …
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… Nevertheless, in a certification he submitted in support of his motion to vacate the October 19, 2016 … 95 N.J. 380, 393 (1984)). Accordingly, a "trial court's determination under [Rule 4:50-1] warrants substantial … the prejudice that would accrue to the other party"). Our determination on this point is further bolstered by our …
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… of the Family Trust and Exempt Trust. He designated his children, Frederic1 and Bonnie, as beneficiaries of the … principal to Bonnie as necessary for her health, education, support and maintenance, within the discretion of the … He cited her comments: Now, this [c]ourt is not making a determination with regard to the reasonableness or the …
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… Mut. Ins. Co., 128 N.J. 165, 183 (1992). In making that determination, we look to "the actor's subjective intent to … whether there is a genuine issue for trial. Credibility determinations will continue to be made by a jury and not the … into evidence of an expert's conclusions that are not supported by factual evidence or other data." State v. …
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… to the taking of MMHP by condemnation. All agreed the determination of whether condemnation was proper would be … 6, 2018. The judge again thoroughly explained her reasoning supporting the denial of Mercer's dismissal motion. She … in this action; she did not just rely on her prior determination. As stated, her ruling is sound and supported by …
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… in opposition to Emigrant's summary judgment motion, and in support of her own, that, among other reasons for denying … complaint. Emigrant argued there was no evidence to support Costa's agency theories of liability, Costa did not … motion pleadings, and Costa produced insufficient proofs to support any of her counterclaims against Emigrant. The court …
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… are in no way bound by the agency's interpretation or its determination of a strictly legal issue. US Bank, N.A. v. … to be 'arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as … under subsection (3) and offered three rationales for its determination. We next separately consider the rationales, and …
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… in a suppression hearing "so long as those findings are 'supported by sufficient credible evidence in the record.'" … the trial judge made the following findings of fact supporting inevitable discovery: First, I find that dispatch … for his actions. We review the trial judge's sentencing determination for an abuse of discretion. State v. Blackmon, …
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… plaintiff failed to present any expert testimony to support that claim. Without such expert testimony, a jury … to appear and testify in the action against S.D. III. In support of his argument that the trial court erred by … was the plaintiff's treating physician, and the evidence supported the jury's finding that the physician had reneged …