-
njcourts.gov
… 457-58 (App. Div. 2018). We find no error in the judge's determination that there was no basis to suppress the first … of the evidence, we conclude there was ample evidence to support the judge's finding that defendant did not invoke … considered defendant's age and education in making his determination.3 We also find no significance in defendant's …
-
njcourts.gov
… of action; (2) the facts were alleged with specificity to support a cause of action for intentional misrepresentation, … II. "An appellate court reviews de novo the trial court's determination of the motion to dismiss [for failure to state a … is fatal to [its] claim of professional liability." "The determination of the existence of a duty is a question of law …
-
njcourts.gov › edit week 2 appellate calendar
… is antithetical to the Appropriations Clause. It is also unsupported 2 by the facts; Governor Murphy has issued dozens … in the Debt Limitation Clause from which the State can find support. The State's remaining arguments are equally … that claim may be. This argument strains credulity. In support of this position, the State points out that the …
-
njcourts.gov
… requesting that the Board reconsider that decision. In support of its request, Victoria cited Sartoga v. Borough of … 309 N.J. Super. 596, 610 (App. Div. 1998). However, "[a] determination predicated on unsupported findings is the … reasonable diligence in reopening prior administrative determinations has been recognized in cases decided since …
-
njcourts.gov
… We must accept findings by the trial court that are "supported by adequate, substantial, credible evidence." … noting "[c]ommon sense and experience may inform that determination." 149 N.J. at 577 (citations omitted). There was … defer to the Family Part judge's expertise in making such determinations. Cesare, 154 N.J. at 412 (quoting J.W.D., 149 …
-
njcourts.gov
… [b]arred" by the vehicle's warranty and otherwise unsupported by any 7 A-2517-17T1 evidence in discovery; (3) … of the Lemon Law here. We therefore reverse that determination and remand for a trial as to that claim. B. … We disagree. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e). …
-
njcourts.gov
… the Commission is to review its Executive Director's determination that the SRL is consistent with the Pinelands … hearings; 2) the record for the proposed project "aptly support[ed]" the Joint Base's need for the SRL; and 3) NJNG … it would follow to review its staff 's CMP consistency determination for SJG's proposed project "and any other public …
-
njcourts.gov
… design standpoint, the property location, on a corner, supports the increased height. Furthermore, the proposed … The Board also heard testimony from a community member who supported the project because it would occupy the vacant … ERROR BY UPHOLDING THE BOARD'S ERRONEOUS 21 A-3387-19 DETERMINATION THAT THE APPLICANT SATISFIED THE POSITIVE AND …
-
njcourts.gov
… (quoting State v. Pineiro, 181 N.J. 13, 20 (2004)). A determination of whether a police officer has reasonable … for high narcotics trafficking activity does not alone support a finding of reasonable suspicion. State v. … 424, 440 (2013), but we concur with the trial court 's determination that Accetturo's resistance to arrest served to …
-
njcourts.gov
… on January 29, 2010, seeking, among other relief: a determination that it had duly exercised its power of eminent … a verified complaint seeking the following relief: a determination that it was authorized to, and had, duly … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
-
njcourts.gov
… 95 N.J. at 364-65).] When we review a trial court's determination of aggravating and mitigating factors, we will … and his findings of aggravating and mitigating factors are supported by the record, we will only reverse if the … the case. Id. at 364-65. We find no error in the court's determination that aggravating factor one applied. The first …
-
njcourts.gov
… his chart: "[p]atient sedated, relatively stable, on vent support. Increased fluid -- increased fluids rather. Abdomen … And that's an emergency that requires a ventilator to support her, which they did in the ICU." At this point, … Rule 4:40-1, "[t]he court must accept as true all evidence supporting the position of the non-moving party, according …
-
njcourts.gov
… administered the Vineland Adaptive Behavioral Scales "to support his claim of incompetency." He noted defendant's low … However, the waiver hearing "involves more than just a determination of probable cause." State ex rel. N.H., 226 N.J. … case must be remanded to the Family Part to make these determinations. J.M., 182 N.J. at 419; D.Y., 398 N.J. Super. …
-
njcourts.gov
… the amount of the monetary penalties imposed, and the determination not to revoke or suspend Fisher's insurance … Our scope of review of an administrative agency’s final determination is limited. In re Herrmann, 192 N.J. 19, 27 … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of …
-
njcourts.gov
… of action; (2) the facts were alleged with specificity to support a cause of action for intentional misrepresentation, … II. "An appellate court reviews de novo the trial court's determination of the motion to dismiss [for failure to state a … is fatal to [its] claim of professional liability." "The determination of the existence of a duty is a question of law …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … of review when considering the trial court's sentencing determinations on appeal. State v. Roth, 95 N.J. 334, 364-65 … aggravating and mitigating factors, and their existence is supported by sufficient credible evidence in the record. …
-
njcourts.gov
… She was unmarried when she died and is survived by her two children, plaintiff Jacqueline Crane and defendant. Joyce … which "is particularly true in light of the court's determination regarding the genuineness of the Designation and … not symbolic of religious expression" but a commitment to supporting Jewish education. The judge noted Joyce was an …
-
njcourts.gov
… whether a supervisor’s use of two offensive slurs could support a hostile work environment claim. The key question … whether a supervisor’s use of two offensive slurs could support a hostile work environment claim. The key question … directed at” him was 7 sufficiently severe or pervasive to support a claim for a hostile work environment. He stresses …
-
njcourts.gov
… motions in the Hughes and Greever cases in August 2011. In support of its motions for summary judgment,3 Goulds argued … for summary judgment in the Fayer and Mystrena matters. In support of its motions, Goulds again asserted that each of … in its product through the life of the product, citing support for this argument from other jurisdictions; Goulds …
-
njcourts.gov
… to Sustain Its Burden of Introducing Sufficient Evidence to Support the Charges. B. The Verdict was Manifestly Against … of Dr. Hua, which lacked the "why and wherefore" that supported them. See Townsend v. Pierre, 221 N.J. 36, 54 … v. Morrison, 188 N.J. 2, 19-20 (2006), where the evidence supported a joint purchase by the defendant and a cohort, …