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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… argues the trial court erred because it "made numerous determinations of fact that were not undisputed on the record … deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … concerning his comparative negligence, if any. Given our determination, we need not reach the parties' belated …
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njcourts.gov
… 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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njcourts.gov
… under N.J.S.A. 18A:30-1. The standard governing agency determinations for a summary decision under N.J.A.C. 1:1- 12.5 … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Richardson, 192 … from the contagious disease themself. The Board attempts to support its claim the "on account of a contagious disease" …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… approval for the settlement." In a certification in support of Acosta's motion for summary judgment in the lien … further argued the term "other resolution" in the FSA supported his contention the Torres matter resolved on … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… mayor stated the governing body had made a "legislative determination" to obtain the property for use as a public … together with electric vehicle charging infrastructure." In support of this allegation, the borough again relied on the … in the exercise of its power of eminent domain, that determination is presumed valid and entitled to great …
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njcourts.gov
… -4- planning board to extend the subdivision approval. To support the application, Pella asserted the expenditure of … is satisfied that the evidence is sufficient to warrant a determination that such a change is reasonably probable.” … change and determine whether it can render its required determination based on the papers.” 66 East Allendale, 216 …
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njcourts.gov
… plaintiff filed an affidavit of services and documents in support of its application for attorney's fees. On March 4, … this [c]ourt affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at … court accords significant deference to the trial judge's determinations of fee awards and will "disturb[] [those …
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njcourts.gov
… Alpine. Central to both appeals is the Chancery court's determination that Angela, seeking to vacate default against … Thereafter, plaintiff moved for entry of final judgment. In support, plaintiff's counsel certified that the pleadings … trial court's discretion will not be disturbed unless its determination lacked "a rational explanation, inexplicably …
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njcourts.gov
… 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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njcourts.gov
… as evidence of the existence of alternatives sufficient to support a claim of arbitrariness is a leap the facts do not … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … we have no reason to second- guess Judge Lucas's determination that "after reasonably considering 18 A-1005-23 …
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njcourts.gov
… redeem the certificate and preserve the excess equity. In support of her claim that the property had a fair market … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial … under subsection (f) of Rule 4:50-1 and remand for a determination by the trial court of: (1) whether Johnson has …
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njcourts.gov
… capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, … Plan. Bd., 291 N.J. Super. 1, 6 (App. Div. 1996). Determinations on questions of law in land use matters are … presented" only two dormers for a zoning permit determination. Thereafter, the January 2019 amended COA …