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… the facts upon which plaintiff and its experts relied in support of its claim for damages were unreliable or … nature of the damages and the lack of concrete data to support the claimed damages." The court noted plaintiff … 520, 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as …
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… counsel filed a letter brief and appendix with the court in support of defendant's petition. PCR counsel argued that the … to seek a finding on mitigating factor four. The record supports the judge's findings. At sentencing, the judge … found mitigating factor four. The evidence would not have supported a finding that "[t]here were substantial grounds …
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… of the trial judge's equitable distribution determinations in the June 8, 2017 Final Judgment of Divorce … We affirm. The parties married in 1980. Both of their children are emancipated. During their marriage, the parties … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on …
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… Id. at 11. Therefore, we reversed the court's determination and remanded for further proceedings. Id. at 12. … filed a cross-motion to file a second amended complaint. In support of that motion, which was not accompanied by a draft … materially greater interest than the chosen state in the determination of the particular issue and which . . . would be …
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… claims if a defendant presents a prima facie claim in support of post-conviction relief. Preciose, 129 N.J. at … on appeal does he identify any evidence in the trial record supporting the justification of self- defense under N.J.S.A. … A-2008-16T1 swinging the board again. There is no evidence supporting an actual , honest, reasonable belief by …
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… whole, respondent asserts some of the JOC's findings are unsupported by the record. Respondent also argues petitioner's … must be accorded the factual findings and legal determinations made by the [JOC] unless they are 'manifestly … in petitioner's partial permanent disability. That determination, however, is well within the expertise of a JOC, …
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… or speculative. Defendant does not set forth any facts to support his claims, and, therefore, defendant's submission … point to a single decision by the [c]ourt that was not supported by applicable legal standards." Judge Delaney … assertions" of deficient performance are insufficient to support a PCR application. State v. Cummings, 321 N.J. …
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… and plaintiff may now proceed toward final judgment," and supported that assertion with the letters attached to his … lifted, but the letters attached to his reply certification supported that conclusion. The letters indicated the … it would not provide loan modification assistance. This supported the initial certification by US Bank's counsel …
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… his case to a three-member panel for the separate determination of a FET outside of administrative guidelines. … if "arbitrary, capricious or unreasonable, or [if] not 'supported by substantial credible evidence in the record as … of the "essentially factual nature" of the Board's determination that an inmate is substantially likely to …
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… to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent claims." N.J.R.E. 901. "The determination of whether the State sufficiently established … committed to the discretion of the trial judge, and his determination will not be overturned in the absence of a …
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… April 20, 2018 2 A-1064-16T1 E.W. appeals from a final determination of the School Employees' Benefits Commission … of [E.W.'s] receipt of Horizon's final adverse benefit determination." In a letter dated July 27, 2015, the … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; …
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… January 25, 2017 summary judgment orders. The motion was supported by Latronica's certification, and sought relief … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial 9 … and we discern no basis to disturb the trial court's determination. Affirmed. … SYLVESTRE ROMERO VS. K. HOVNANIAN …
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… had no medical expert and that he needed such an expert to support causation between the alleged negligence in allowing … may offer testimony from his or her treating physician to support a claim for negligence. Our Supreme Court has held … for him to go to the hospital. The hospital records support plaintiff's contention that he had at least a knee …
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… findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … would entail an excessive hardship on defendant's children. N.J.S.A. 2C:44- 1(b)(11). "The sentencing court is … that imprisonment would impose an excessive hardship on her children because her husband had abandoned them and fled the …
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… and allowed his substantive claims to be heard. In support of its position, plaintiff relied primarily on our … N.J. Super. 453 (App. Div. 2001), and argued, as he had in support of his motion to reinstate the complaint, that he … v. Little, 135 N.J. 274, 283 (1994). A trial court's determination under Rule 4:50-1 is entitled to substantial …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Id. … order pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125 … v. Peranio, 280 N.J. Super. 47, 54 (App. Div. 1995). The determination of whether such an order should be issued must …
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… deposition and extend discovery. The certification in support of the motion stated that defendant had noticed the … 2017, defendant cross-moved to compel plaintiff's IME.2 The supporting certification demonstrated plaintiff failed to … beyond what is necessary and required for a just determination of the merits of the complaint. Such delays …
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… A-4784-15T4 D. [MATCHAPONIX AND NCV] PROVIDE NO EVIDENTIARY SUPPORT OF WHAT THEIR EXPECTATIONS WERE. E. THE SUBSIDENCE … 419 (2008). We review de novo the trial court's legal determinations, including its construction of an insurance … Despite our finding as to the issue of ambiguity, our determination as to whether the exclusionary language should …
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… A trial court's findings of fact are binding on appeal if supported by "adequate, substantial, and credible evidence." … trial "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Id. at … Unless the trial judge's findings are "so manifestly unsupported or inconsistent with the competent, reasonably …
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… to a trial notice attached to defendants' counsel's supporting certification, the court had sent notices to all … in opposition to defendants' motion . . . and in support of cross motion to reopen and extend" discovery or … discovery was not completed we're told it was a strategic determination. Counsel clearly was not diligent . . . in …