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… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or under-valuation … reasonable minds might accept the evidence as adequate to support the jury verdict." Kulbacki v. Sobchinsky, 38 N.J. … Dolson, 55 N.J. at 7; R. 2:10-1. We must make our own determination as to whether there was a miscarriage of …
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… an application for site plan approval. A-2655-16T3 4 have children; at the time of the hearings in 2015, there were … Board found the testimony failed to provide any evidence to support the premise that non- A-2655-16T3 7 age restricted … at the designated site with the municipality's contrary determination about the permitted uses as expressed through …
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… and was not "the product of coercion." The judge found support for his decision that "[d]efendant clearly … State v. W.B., 205 N.J. 588, 602 n.3 (2011). Further, the determination of whether the State has satisfied its burden of … 'his will has been overborne and his capacity for self-determination critically impaired.'" State v. Pillar, 359 N.J. …
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… also heard 6 A-1178-16T1 testimony from defendant, his children, and his neighbor. The court found that defendant … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … the Municipal Court's findings of fact. The State supported Ordonez's testimony with seventy-nine photographs …
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… 22, 2017, plaintiffs filed a motion for reconsideration. In support of that motion, plaintiffs submitted two affidavits … require an affidavit of merit. Id. at 341. To make that determination, our Supreme Court has explained: There are … was in question). Accordingly, if on remand there is a determination that Edgar was acting under the direction and …
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… v. Bilek, 308 N.J. Super. 1 (App. Div. 1998), does not support defendant's argument. In that case, the defendant … in an apartment setting." Ibid. Bilek thus provides no support for the conclusion that the landing on the second … in State v. Bonano, 59 N.J. 515 (1971), also does not support defendant's argument. There, the Court considered …
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… These select transactions, on their face, appear perhaps to support the theory of the plaintiff's case. However, while … imposing punitive damages. II. Our review of the final determinations made by the trial court sitting in a non-jury … reach of process. Both inquiries involve fact-specific determinations that must be resolved on a case-by-case basis. …
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… purpose to provide access to government records, and supporting caselaw. As we reviewed the facts in our prior … N.J. Super. 278 (App. Div. 2013) (reversing trial court's determination that association was not a public agency and … that appellate courts will disturb a trial court's fee determinations "in the rarest occasions, and then only because …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 1 … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … must file a brief and a statement of material facts in support of the motion. R. 4:46-2(a). The purpose of these …
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… She produced no medical records or expert testimony to support her claim of permanent injury, however. Although the … hearings in an attempt to gain sole legal custody of the children. Both attorneys explained they did not discuss the … (1989). Accordingly, we must "generously sustain" such determinations, so long as they are "supported by credible …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … On October 18, 2012, plaintiffs and their two adult children, Diana Pace (Diana) and Anthony Pace, Jr. (Pace … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… Concurrent Resolution No. 73 (1982), was submitted in support of defendant's motion to dismiss the complaint. The … limited its consideration of defendant's motion to a determination of whether there was a New Jersey statute … plaintiff for federal benefits. Therefore, the court's determination that a statute was required to extend the …
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… the evidence, viewed most favorably to the defendant, would support that justification, we focus on 'the evidence that … Viewed most favorably to the defendant, the evidence supported a finding that the officers used unnecessary and … for resisting arrest where the facts reasonably could support that defense constitutes plain error. Simms, supra, …
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… any suggestion the officer's statement of recognition supported an inference by jurors defendant had been involved … was improper speculation by the prosecutor to advance an unsupported theory that body parts had been refrigerated). In … would have aided our review, we are able to affirm the determination as the record contains 17 A-1399-15T3 sufficient …
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… any will prior to his death because he wanted all of his children to share equally in any Estate that he would … filed a motion for a new trial accompanied by a brief and a supporting certification by defendant's attorney. In the … 97 N.J. 429, 463 (1984)). However, "a trial court's determination is 'not entitled to any special deference where …
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… in numerous instances where "we were unable to find supporting documentation for the asserted facts"). In Points … of that issue — especially since "defendants offered no new support for this motion that was not set forth in their … defend its insured's third-party liability to another. To support their counsel fees claim, plaintiffs rely upon Myron …
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… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … "constituted reversible error." Id. at 598. 11 A-0580-19 To support their position that reversal is mandated, plaintiffs … on the limited record provided on appeal. R. 2:10-2. To support our conclusion, we rely on the absence of any …
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… testimony from several law enforcement witnesses "to support the defense that the handgun and other evidence were … to assert his right [to a speedy trial,]" and defendant's unsupported "claim of prejudice." 3 Co-defendant Green was … to produce any certification, expert or otherwise, to support his contention that a defense expert could have …
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… Shanahan correctly found there was insufficient evidence to support the conclusion that defendant would have been … with regard to the prosecution of defendant's charges. In support of this argument, defendant cites certain New York … of his New York sentence. Therefore, the record does not support defendant's contention that New Jersey had primary …
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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: …