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njcourts.gov
… I. As a general proposition we defer to "factual findings supported by adequate, substantial, credible evidence." … "not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de … Super. 552, 568 (App. Div. 2013)). Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
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njcourts.gov
… deference to the trial court's findings of fact that are supported by sufficient credible evidence in the record. … the suppression hearing are well-founded. There is ample support in the record for the judge's finding that defendant … have identified several considerations relevant to the determination, including, most significantly, the temporal …
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njcourts.gov
… brief asserts that the affidavits of service, used to support the entry of default, were invalid because they were … reconsideration motion, plaintiff's manager, Howard Rothschild, certified that plaintiff "came to believe" that Nancy … Id. at 120. Additionally, Nancy's certification in support of the motion to vacate the judgments provided …
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njcourts.gov
… (App. Div. 1957)). "Nonetheless, . . . the essential facts supporting plaintiff's cause of action must be presented in … recognized, a statute of limitations defense is "factual determination on [plaintiffs'] business savvy" — to be … The decision requires more than a simple factual determination; it should be made by a judge and by a judge …
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njcourts.gov
… conclude that Judge Cresitello's factual findings are fully supported by the record and, in light of those facts, his … by plaintiff's argument that the judge erred in his determination that distance was not a relevant criterion. Plaintiff's reliance on § 150- 41(J)(2)(f) to support its assertion is misplaced. That section of the …
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njcourts.gov
… W.M. appeals from an April 18, 2017 final agency determination by the Director of the Division of Medical … 18, 2017, the DMAHS Director again reversed the ALJ's determination. The Director noted that "[t]he issue here is … it is "arbitrary, capricious or unreasonable . . . or not supported by the substantial credible evidence in the …
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njcourts.gov
… we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … We will uphold the trial judge's decision so long as it is "supported by sufficient credible evidence" and not "so … Given our deference to the trial judge's credibility determinations, we cannot disagree. As a result, the seizure …
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njcourts.gov
… penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with conditions. Haley … guaranteed by the federal and state constitutions." To support her argument, Haley argues her driver's license "is …
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njcourts.gov
… tests—as depicted in the body-worn camara recordings—supported defendant's DWI conviction. As for the … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … evaluation of the recording particularly where its determination is also based on its opportunity to hear and …
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njcourts.gov
… an "unmarked crosswalk" was neither factually nor legally supported by the evidence, the trial judge analyzed the … be considered an "unmarked crosswalk." Noting this legal determination stemmed from a "very fact-specific inquiry," the … principles, we discern no error with the judge's legal determination that the intersection in which the accident …
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njcourts.gov
… favor." When "accepting as true all the evidence which supports the position of the party defending against the … Sav. Bank, 219 N.J. 496, 511 (2014). A trial court's determination of whether an FRO should be granted is governed … Plaintiff asserts he presented sufficient evidence to support the predicate acts of stalking and harassment and …
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njcourts.gov
… there is sufficient credible evidence in the record to support the Law Division judge's findings." Powers, 448 N.J. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … judge or the municipal court with respect to legal determinations. State v. Handy, 206 N.J. 39, 45 (2011). In …
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njcourts.gov
… findings of" that trial judge, when such findings "are 'supported by sufficient[,] credible evidence in the … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant[,] … the judge erred in his review of the evidence, factual determination, and legal conclusion. Griepenburg, 220 N.J. at …
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njcourts.gov
… in a single judgment of conviction." 4 A-0192-23 In his supporting certification, petitioner attested that he had … 20, 2023, petitioner filed a motion for reconsideration. In support of that motion, petitioner represented that after …
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njcourts.gov
… forth with specificity a prima 10 A-1041-23 facie case in support of PCR regarding his motion to suppress claim. He … we are unable to determine whether there is sufficient support to determine if trial counsel was ineffective in not …
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njcourts.gov
… also contended plaintiff had not proffered any evidence to support his claim that a pothole on the property caused the … to do the work is not material to the summary judgment determination. Defendant was not responsible for controlling … of his accident and injuries. The summary judgment order is supported by the credible evidence in the record. Affirmed. …
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njcourts.gov
… A trial court's findings are "binding on appeal when supported by adequate, substantial, credible evidence." T.B. … 499, 502 (App. Div. 2017)). "We defer to the credibility determinations made by the trial court because the trial … in turn, factor that history into its reasonable person determination." J.D., 475 N.J. Super. at 314 (quoting Cesare …
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njcourts.gov
… only "whether the evidence in the record was sufficient to support a conviction on any count on which the jury found … N.J. 44, 54 (2004). Where there is sufficient evidence to support a particular verdict, it is preserved, even if …
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njcourts.gov
… the threshold permitted in 2020 on the day they raced, supporting their motion with a copy of the lab report of the … they stipulated to the credibility of the lab results to support their motion to dismiss the charges. Because the lab …
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njcourts.gov
… plaintiff could not establish the necessary elements to support the claim, particularly the existence of a special … should have conducted a Lopez3 hearing before making the determination.4 We review the trial court's decision on a … N.J. 545, 555 (2000). We discern no error in the court's determination that the discovery rule was inapplicable here. …