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… failure to call Cory Benning as a defense witness. In support of this argument, defendant produced certified … my own volition . . . . 2. Recently I wrote a letter to a childhood friend I grew up with, Kal S. Mitchell . . . while … factors informing that decision, we defer to that determination. Carter, 69 N.J. at 427. In our view, the judge …
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… any interim benchmarks, as these directional policy supports '[were] designed to be living documents to be … suggests conditions its rulemaking on DEP's discretionary determination of necessity. We reject petitioner contention … DEP the discretion to condition its rulemaking on a determination of necessity. In reviewing the legislative …
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… the swing set "was placed in an area where he could see his children and not be exposed to conditions which potentially … 8 A-0046-21 but rather maintain[ed] it for use of his children and . . . for their enjoyment." Nor could plaintiff support a claim under the LAD because "the easement [wa]s …
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… waived when the party failed to include any arguments supporting the contention in its brief). 3 A-3461-21 of an … was to scale as required by N.J.A.C. 5:23-2.15(f)(1) was supported by the record. Id. at 10-11. However, we concluded … issuance of stop construction orders based on his determination a construction project was not compliant with …
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… that "the sentencing factors identified by the judge [were] supported by the evidence," the sentences were "in accord … because it is fundamentally unjust. That argument is not supported by the record. The same judge presided over … because "critical evidence was withheld from the jury that supported [Hannah's] third-party-guilt defense." Hannah, 248 …
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… of discovery, U.S. Fire moved for summary judgment. In support of its motion, U.S. Fire relied on the deposition … the question 13 A-1918-22 referred to rented vans is not supportable. The question specifically asked whether Machane … is entitled to rescission based on equitable fraud is amply supported by clear and convincing evidence in the record. …
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… 75,81 (2002). If the record contains sufficient evidence to support the municipal board's determination, we will defer to the Board's decision. Kramer … Girt, 45 N.J. 268, 296 (1965). Further, a board's factual determinations are presumptively valid. Dunbar Homes, Inc. v. …
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… Estate had failed to timely file an affidavit of merit in support of its claims against the nurses. Although the trial … for summary judgment on the declaratory judgment action. In support of their position, plaintiffs submitted expert … court. Townsend v. Pierre, 221 N.J. 36, 59 (2015). [A] determination whether there exists a "genuine issue" of …
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… 4:6-2(f). Defendants also asserted comity principles in support of their motions. In October 2017, the first motion … "[t]he law of the place of contracting likely applies." To support her decision, the judge cited Monsanto Co. v. Gould … of fairness and comity." Id. at 389-90. A comity determination should be based on a "combination of the special …
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… once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate … obtain an undue advantage." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 336 (App. … our decisional law, plaintiffs' material misrepresentations support recission of the policy. First Am. Title Ins. Co., …
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… an N.J.R.E. 104 hearing was required before making such a determination. 3 Pub. Serv. Elec. & Gas Co. v. Oldwick Farms, … presented an insufficient factual and scientific basis to support Tsakiris' theory that the seawall construction … applies in the appellate review of a trial court's determination to admit or deny scientific expert testimony on …
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… applications to other similarly situated taxpayers. In support of this, the Taxpayer’s attorney filed a … as well as address critical housing needs, both of which support important statewide objectives. The statute is … principles applicable to exemption/abatement determinations. Because they represent a departure from the …
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… (2013). A PCR court's findings will be upheld if they are supported by sufficient credible evidence in the record. … at the evidentiary hearing as well as the newspaper article support this conclusion. Even if defendant was confused … with the juror. We discern no error in the judge's determination. Finally, we reject defendant's argument the …
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… assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the … assertions" of deficient performance are insufficient to support a PCR application. Ibid. See also R. 3:22-10(b); … from a DNA expert attesting to opinions that could support a prima facie claim of a Sixth Amendment violation. …
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… Law Division affirmed the municipal court's suppression determinations on de novo review and this appeal followed. We … was upset when he arrived and noted that the parties' young children were present. As soon as Thompson entered the home, … to the factual findings of the trial court if they are supported by sufficient evidence in the record. State v. …
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… Plaintiff points to various facts in the record to support its argument that a jury could find that the parties … responsible financially for the project lacks sufficient support in the record. The assertion is also inconsistent … matters unless the court has abused its discretion or its determination is based on a mistaken 17 A-5098-17T1 …
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… found that the record was "more than sufficient to support the ALJ's recommendation" that respondent's and … bound by [an] agency's interpretation of a statute or its determination of a strictly legal issue.'" Allstars Auto Grp., … 150, 158 (2018) (alteration in original) (quoting Dep't of Children & Families, DYFS v. T.B., 207 N.J. 294, 302 …
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… are asserted for the first time on appeal, even if they support such purported facts by citation to deposition … facts are not disputed, but they argue those facts do not support the court's determination that 10 A-0883-18T3 defendants are entitled to …
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… right to testify at the first trial, the record does not support his claim that he was unaware of his right to … or must be condemned as misconduct is often a difficult determination to make. In every instance, the performance must … asserts "[n]o evidence had been submitted in the trial to support that comment, the prosecutor posed no questions to …
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… compensation's decision was an "extraordinarily brazen, unsupportable misuse of authority," while SJC contends the … disability and that surgery was necessary. The WCBNY's determination identified the employer as Stop & Shop and … workplace injuries ." Id. at 340. In order to make the determination, a court of compensation must apply six bases: …