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… capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "[A] presumption of … was arbitrary, capricious, or unreasonable or lacks fair support in the record. We find no basis to overturn its …
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… of others, as evidenced by his second DWI offense, amply supported the prosecutor's conclusion that defendant could … record refutes the first of these arguments and provides no support for the second. Defendant's arguments are 10 …
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… 4:50-1(a), (d), and (f). In a certification submitted in support of the motion, Cynthia stated that she and Michael … years and large sums of money"2 to acquire and 2 In a supporting certification, Michael averred that they incurred … Our limited review recognizes that [t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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… the State also explained that a case defendant cited in support of his request for a waiver involved a defendant who … Act waiver." Benjamin, 228 N.J. at 370. In making that determination, the Court drew a parallel to the Comprehensive … stated that despite New Jersey's long-standing precedent supporting broad discovery in criminal cases, a defendant is …
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… omitted). We will not disturb the Commission's final determination unless it is arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … policy, the record contains substantial evidence that supports the findings on which the Commission based its …
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… filed his own certification, setting forth legal arguments supporting the motion. The attorney argued that the amended … should have filed a summary judgment motion on that issue, supported by legally competent evidence of the settlement. …
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… motion record de novo, we agree with the trial court's determination that the motion record presented no genuine … favorable to plaintiff as the non-moving party, R. 4:46-2, supports the following facts. Plaintiff was thrown from her … property or what consequences flowed from such a determination. On appeal, plaintiff argues that the Supreme …
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… the DeFronzo 4 A-1794-15T3 report was not sufficient to support the malpractice claim against the hospital. … the trial court did not issue a written or oral decision in support of the summary judgment order because the motion was …
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… garnered from the police report proffered by defendant to support his claim that plea counsel was ineffective. The … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … 4 Even if Olsen's initial signal to stop were not supported by reasonable suspicion, however, defendant's …
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… question as corrected. Defendant next claims there was no support for imposing a term of imprisonment because the … We are satisfied the trial court's sentencing decision is supported by the facts and law, making it unnecessary we …
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… by the parties, the only matter at issue was the determination of the usual, customary, and reasonable (UCR) … products, consumer resources and health systems research support." About FAIR Health, … fees paid were reasonable because [the insurer] made its determination on the prevailing fees paid in that community . …
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… remitting the award to the highest figure that could be supported by the evidence is the most analytically solid … marks omitted)). Applying these principles to the determination of an additur award, the award should be "the … [and] do the laundry." Her ability to participate in her children's activities, such as attending their events, "was …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record.'" … challenge to the sentence is that those findings did not support the sentence he received. We find defendant's …
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… are derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … addressed the Grijalba factors in reaching her determination. We take no issue with the judge's consideration … that the "quantity" of the returns was insufficient for a determination as well. 10 A-4287-15T1 owner relative to their …
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… Plaintiffs' counsel submitted a certification in support of their request for attorneys fees and, on December … rates advanced by counsel for the prevailing party to support the fee application." Id. at 335. "It does not … that the court's findings on Umut's economic damages were unsupported by the evidence. After examining plaintiffs' …
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… prejudice. On appeal, plaintiff challenges the judge's determination, arguing that her request was not overbroad, but … w]e will not disturb factual findings as long as they are supported by adequate, substantial and credible evidence." … the sufficiency of the agency's proofs submitted in support of its claim for nondisclosure, "a court must be …
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… debris depicted in the photograph of the depression also supported the inference that the defect pre-existed her … that plaintiff failed to satisfy her obligation to support her appeal with an appendix containing the …
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… 520, 540 (1995). Applying this standard, the record amply supports the summary judgment order. In a foreclosure … to the court to overcome this presumption aside from her unsupported allegations that the mortgage was fraudulent. The … to foreclose pursuant to Angeles. The bank representative's supporting certification complied with N.J.R.E. 803(c)(6). …
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… (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … be set aside if there is, "a definite conviction that the determination below went so far wide of the mark that a … was properly administered. There was adequate evidence to support a finding, by clear and convincing evidence, that …
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… appeal followed. Defendants challenge the trial court's determination actual service was proven, asserting it erred making credibility determinations based on affidavits. We disagree. Generally, a … The trial judge's 8 A-4270-14T2 determinations are supported by the facts in the record and the denial of the …