njcourts.gov
… dismissed charges alone as 4 A-2623-15T1 evidence in support of a 'continuing pattern of anti-social behavior.'" … in these illicit activities is frequently used by the children "as a major route to walk to and from … school." … and that selling drugs near school property, with no children around, "displays injurious consequence to innocent …
njcourts.gov
… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … Prod., 677 F. Supp. 284, 286 (M.D. Pa. 1987)). While determination of the issue may be made upon affidavits, our … agents. Although Wunderlich's certification in support of his motion to dismiss denied such a plan existed, …
njcourts.gov
… part, that when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not … against movant can be made if discovery reveals proof to support the same. CONCLUSION The motion is opposed. …
njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … did not testify or call any witnesses at trial. To support his renewed claim that trial counsel failed to … of Ms. Rodriguez. 8 A-4601-16T4 Here, the trial record supports a specifically designed strategy to highlight the …
njcourts.gov
… defense at trial, and Dr. Greenfield offered no opinion supporting defendant's current claim. In sum, the judge … a PCR defendant "must allege specific facts and evidence supporting his allegations"). There is no showing of …
njcourts.gov
… the file." Serulle argues Goldblatt's deposition testimony supported the inference Sosa had negligently performed … repair. Indeed, Goldblatt testified "[w]e did make a determination that the rock, it didn't happen within a couple … of the repair work. She also testified she did not make a determination of how long the sidewalk was in the allegedly …
njcourts.gov
… were never provided a copy of such documents thereafter. In support of their contention plaintiff engaged in predatory … problems. Second, there is no evidence from an expert supporting defendants' claim that extending the refinance …
njcourts.gov
… erred in not finding Salmorin violated the CFA. "Final determinations made by the trial court sitting in a non-jury … 205 N.J. 150, 169 (2011)). Although our review of legal determinations made by the trial court is de novo, we will not … unless we are "convinced that they are so manifestly unsupported by[,] or inconsistent with[,] the competent, …
njcourts.gov
… Sentence Was Excessive. B. The Award of Restitution Is Unsupported and Cannot Stand. (Not Raised Below). For the … We accept those findings of the trial court that are "supported by sufficient credible evidence in the record." … brief comments. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
njcourts.gov
… which justified the stop of his motor vehicle." To support his decision, the judge relied "on the information … 181 N.J. 13, 19-20 (2004). "The principal components of a determination of reasonable suspicion . . . [are] the events … in question was involved in criminal activity. Such a determination can be made only through a sensitive appraisal …
njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … did not object "with specificity" because he failed to support his objection with any proofs of his own, or offer …
njcourts.gov
… deposit." On appeal, AJB contends the judgment was not supported by substantial and credible evidence. Cohan … will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino 8 A-3424-16T3 v. …
njcourts.gov
… firm from representing Paglianite. In a certification in support of this motion, Fornaro asserted that Graziano, a … did not conduct a plenary hearing so that credibility determinations could be made on the question of whether … make any findings supporting his decision. We agree. "[A] determination of whether counsel should be disqualified is, as …
njcourts.gov
… never entered into the subject agreement, a finding well-supported by the facts. Decedent never reviewed or signed … on the agreement, but Care One did not provide evidence to support such assertion. Therefore, we reject as unsupported Care One's position the doctrine of equitable …
njcourts.gov
… error, she contends the judge did not fully consider her support needs and the marital standard of living in setting … basis to remand, as requested by plaintiff. The critical determination affecting alimony was the judge's adverse … action is discretionary. We "will disturb a trial court's determination on counsel fees only on the 'rarest occasion,' …
njcourts.gov
… this case does not contain sufficient credible evidence to support the trial court's determinations. J.F. points out that he made no statements … The trial court's fact findings are "binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… to conduct discovery to see if it could uncover facts to support a claim for gross negligence. JCMUA appealed. … the facts pled by JCMUA, there are no facts that would support a claim of gross negligence against NJ Transit …
njcourts.gov
… advances no convincing argument that the prosecutor's determination should be disturbed. Defendant was charged with … see Nwobu, 139 N.J. at 252. III. We review sentencing determinations for abuse of discretion. State v. Robinson, 217 … by the trial court to be relevant 10 A-4340-16T2 must be supported by 'competent, reasonably credible evidence'" in …
njcourts.gov
… an evidentiary hearing. PCR counsel was appointed. In his supporting certification, defendant alleged his counsel … he must assert facts an investigation would have revealed, supported by affidavits or certifications based upon the …
njcourts.gov
… confirmed what Jun had been saying, with documentary support, since she successfully moved to vacate default: … defendants did not raise this issue in their brief in support of their motion for reconsideration. We may "decline …