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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 …
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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,' …
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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. …
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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 …
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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, …
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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 …
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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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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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 …
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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 …
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njcourts.gov
… 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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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 …
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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 …
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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 …
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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 …