-
njcourts.gov
… any meaningful findings of fact or conclusions of law in support of the order, we are constrained to reverse and … the motion judge reiterated that he "ha[d] already made a determination that the arbitration agreement is clear and that … of the rule is to make sure that the court makes its own determination of the matter." In re Tr. Created by Agreement …
-
njcourts.gov
… The findings by a trial judge are "binding on appeal when supported by adequate, substantial and credible evidence." … into evidence. We find no error because evidentiary determinations are a matter of the trial judge's discretion … Div. 2015)). Moreover, K.J. does not raise the evidential determination as a reason for reversal. This leaves the …
-
njcourts.gov
… only if the defendant makes a prima facie showing in support of the requested relief, Preciose, 129 N.J. at 462. … defendant did not produce an affidavit or certification to support his claim that counsel gave ineffective advice in …
-
njcourts.gov
… analysis on unreported income, expenses claimed without supporting documentation, personal loans taken by Patel, … the testimony presented, and articulated his findings in support of the award. Having reviewed the extensive record, …
-
njcourts.gov
… advice as to the impact defendant's United States born children would have on the likelihood of deportation and if … testimony," we defer to the "court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to the PCR judge's determination that plea counsel's testimony was credible and …
-
njcourts.gov
… WEIGHT K.R.'S PSYCHIATRIC RECORDS AND INSTEAD MADE UNSUPPORTED INFERENCES TO MAKE K.R. APPEAR MORE CREDIBLE. … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … deference we must afford to a trial court's credibility determinations; we affirm substantially for the reasons …
-
njcourts.gov
… he requested relief by way of a judicial furlough. To support his application, defendant supplied his medical … The judge's assessment in this regard is overwhelmingly supported by the record. Affirmed. … a3858-19.pdf … …
-
njcourts.gov
… that plaintiffs' expert "offers no factual or scientific support for his conclusions as to the age of the nail . . . … (App. Div. 2002). "[L]ike any question of fact, the determination of palpable unreasonableness is subject to a … , we are satisfied that the grant of summary judgment is supported by the record. We, therefore, affirm the May 7, …
-
njcourts.gov
… highlights claims made in his certifications submitted in support of his PCR petition: "he was not provided with … A "defendant must allege specific facts and evidence supporting his allegations," State v. Porter, 216 N.J. 343, …
-
njcourts.gov
… policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, … to dismiss the complaint as unripe and premature is supported by the plain language of N.J.S.A. 47:1A-6 because, …
-
njcourts.gov
… findings of the trial court so long as those findings are supported by sufficient evidence in the record." State v. … with the destruction of the testimony recording in support of the search warrant. And, we do note that …
-
njcourts.gov
… The Law Division denied that motion in an order supported by a written opinion issued on March 10, 2015. … RELIEF OR AN EVIDENTIARY HEARING, BECAUSE THE PCR COURT'S DETERMINATION 5 A-3982-14T4 OF FACTS ARE CLEARLY MISTAKEN AND … on a PCR petition if he establishes a prima facie case in support of PCR, "there are material issues of disputed fact …
-
njcourts.gov
… counsel meeting based upon the assessor’s conduct. In support of the motion, plaintiff argues: (1) that defendant … the defendant assessor’s concurrence and approval. In support of this, defendant points to past practice with the …
-
njcourts.gov
… or advised the owner of any of the conditions that might support such a finding. Moreover, even though Cavalieri … in that case was, at best, premature. Because that determination is pivotal to whether plaintiff was entitled to … any opposition – we conclude as well that the abandonment determination in the Magnolia matter was also premature. …
-
njcourts.gov
… response constituted a false or fraudulent account. In support of that contention, the township attached a … proofs, plaintiff waived its right to a reasonableness determination. 7 A-2629-18T2 circumstances. 460 N.J. Super. at … omission of information based on its own 9 A-2629-18T2 determination that the withheld information would not have had …
-
njcourts.gov
… plaintiff $142,769 in attorney's fees "were so manifestly unsupported by the relevant and credible evidence presented … thirties when both were established in careers and have no children. Their marriage lasted eight years and eleven … unconscionable" positions "devoid of legal and factual support," including his "specious" Tevis claim, his "demand …
-
njcourts.gov
… bidding, the trial court must review a public body's determination as to whether a bid was conforming to determine … is whether there is substantial evidence in the record to support the conclusion. Waste Mgmt. of 9 A-3818-16T3 N.J., … expressed by the SDA in its April 27, 2017 administrative determination, which is supported by sufficient credible …
-
njcourts.gov
… needed to conduct discovery in order to develop evidence in support of the motion, and defense counsel reminded … that Dr. O'Shea was at fault. Plaintiff's expert report supports an inference that the workers' compensation system …
-
njcourts.gov
… researched . . . [, and any] adjustment should be well supported with data,” otherwise the sale should be … one sale is insufficient to conclude a credible value determination because it cannot reasonably be considered as … cannot “arbitrarily assign a value to the property not supported in the record.” Ibid. (citation and quotation …
-
njcourts.gov
… judge "credit[ed] the testimony of the witness, which is supported by the internal consistencies of the documents … in favor of defendants." We reject those arguments. Final determinations by a trial court presiding over a non- jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …