-
njcourts.gov
… capricious, or unreasonable. Judge Mendez found the record supports the Board's determination that the general welfare was served by turning a … on- site parking. The judge also agreed with the Board's determination that the proposed use was consistent with the …
-
njcourts.gov
… for a new trial , finding that it was untimely and not supported by competent evidence. In December 2015, defendant … prosecutors was an error and prejudiced the State. In support of that position, the State contends that RPC 3.7 …
-
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
… 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
… hearing to address the issue of sanctions after the final determination by the Appellate Division. In Belfer v. Merling, … groundless when no rational argument can be advanced in its support, when it is not supported by any credible evidence, when a reasonable person …
-
njcourts.gov
… approach analysis to calculate his valuation, no such supporting evidence was provided. During his deposition, the … Property’s rent roll and lease from which he made a value determination of $27-28 per square foot. While, the Municipal … tax year 2017 was appropriately granted. Based upon this determination, it was unnecessary for the court to address the …
-
njcourts.gov
… He contends the certification that plaintiff submitted in support of its motion for entry of the final judgment was … and mortgage in favor of plaintiff, the original lender. In support of the motion 9 A-4290-16T1 for entry of the final …
-
njcourts.gov
… defendant cites to neither the record nor to any law to support the assertion that he was to be "resentenced." … conviction for sentencing purposes. Nor does Revie provide support for defendant's argument. The defendant in Revie was …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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). …
-
njcourts.gov
… (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 …
-
njcourts.gov
… Meier v. D'Ambose, 419 N.J. Super. 439 (App. Div. 2011), support the proposition that a triple-net lease cannot … 388 N.J. Super. 392 (App. Div. 6 A-5163-17T3 2006), supports the proposition landowners remain liable for …
-
njcourts.gov
… Model Jury Charge. He concluded the record simply did not support a claim that defendant's waiver was not knowing and … and in fact, counsel had investigated their viability. In support of defendant's PCR petition, the witnesses submitted …
-
njcourts.gov
… defect to be a "bare conclusion made without any credible support." The judge also concluded it was undisputed that … 520, 529-30 (1995)). 7 A-5649-16T1 Assertions that are unsupported by evidence "[are] insufficient to create a … written opinion. The record supports the judge's determination that Khanna Realty had no duty to inspect, …
-
njcourts.gov
… Rule 4:34-3 to substitute U.S. Bank as plaintiff. Quicken supported its motion with a September 19, 2016 certification … defect. Finally, defendant argues, without any legal support, that "any requested relief should apply to [a] …
-
njcourts.gov
… de novo. Hence, we ask two questions: does the record support the Board's underlying decision and did the Law … found JSM included water service in base rent without support in the record. We disagree. Hall alleged in her …
-
njcourts.gov
… in a motion to suppress provided those "findings are 'supported by sufficient credible evidence in the record.'" … N.J. 301, 327 (2013)).] The trial court's "credibility determinations are entitled to deference and those factual findings must be sustained as long as they are supported by sufficient, credible evidence in the record." …
-
njcourts.gov
… to be credible. The judge based his credibility determination, in part, on Kurz's twenty-eight years of … Judge Bury concluded there was sufficient reliable evidence supporting the municipal court's determination that Kurz's identification of the location of …
-
njcourts.gov
… REQUIREMENT BASED ON THE PLAIN SMELL OF MARIJUANA WAS NOT SUPPORT[ED] BY SUFFICIENT EVIDENCE IN THE RECORD. In … findings at a [motion to suppress] hearing when they are supported by sufficient credible evidence in the record." …