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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… negligence. The judge stated that evidence of a violation supports a claim of legal malpractice, but the violation … RPCs, plaintiff concedes that those violations alone cannot support a claim of legal malpractice. See Baxt, 155 N.J. at … negligence, the malfeasance plaintiff described did not support a claim of RK&O's vicarious liability for Martin's …
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… the circumstances 11 A-4469-18T3 presented in this case. In support of this contention, plaintiff notes that in … that complied with the statute. We are convinced the record supports the findings of the motion judge. The judge … is not required because an expert would not be required to support its negligence claims at trial. Plaintiff contends …
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… Although we discern insufficient evidence in the record to support the court's finding that Lingala actually agreed to … are not bound to affirm findings that are "so manifestly unsupported by or inconsistent with the competent, relevant … reviewed the trial record, we discern insufficient support for the trial court's finding, ostensibly based on …
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… Donuts onto Taunton Road. This Zoning Board finding is supported by [B]oard members' personal knowledge of existing … do not "pay attention to those signs," although he cited no supporting data to substantiate this phenomenon or how … and for valid reasons [and] . . . [a] local zoning determination will be set aside only when it is arbitrary, …
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… and mortgage, so that it could file a foreclosure action supported by proof of its standing. As in the trial court, … which then assigned it to Deutsche Bank. Later on, in support of its General Equity complaint, plaintiff presented … New Century. The representations in the complaint were not supported by certifications from the attorneys or other …
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… On March 22, 2016, the Division issued a final determination, denying the protest and upholding the … and taxable to the Estate. A-3024-16T4 10 IV. In support of its argument that only one-half of the value of … the decedent and his wife conveyed the realty to their children and grandchildren, reserving joint life estates for …
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… employees in the form of facilitating labor peace" is not supported by the record. Amicus notes that on March 16, … consists of fourteen elementary schools accommodating children from pre-kindergarten to the fifth grade; thirteen grammar schools accommodating children from pre-kindergarten to eighth grade; four middle …
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… split-level home defendant shared with her husband and two children. State v. Lunney, No. A-0774-13 (slip op. at … do it, therefore 4 Defendant submitted a certification in support of her amended petition that she intended "to pursue … a diminished capacity defense, even if he had an expert to support it, which he didn't, "would make no sense," because …
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… and applicable legal principles, we affirm. I. "[A] determination of whether counsel should be disqualified is, as … is the brother of the victim of the crime finds no support in our caselaw. The assertion also seeks relief that … try the case). 18 A-2240-20 Defendant's second argument in support of transferring venue is equally unavailing. There …
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… complaint. The Pinnex Defendants asserted several grounds supporting dismissal, and the judge heard oral arguments … As noted, the Pinnex Defendants asserted other arguments in support of their motion to dismiss, the merits of which were … "De novo review applies when appellate courts review determinations about the enforceability of contracts, …
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… staying in the living room. The mother of one of McCoy's children testified that McCoy lived with her before his … bolstered the State's case by asserting, without evidential support, that police saw multiple people coming and going at … us [sic] what the facts are. So you have to make that determination as to those facts in this case." Defense counsel …
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… disqualifier." We review the trial court's "sentencing determination[s] under a deferential standard." State v. … the reasons for imposing the sentence and the factual basis supporting each aggravating and mitigating factor … second-guess a trial court's finding of sufficient facts to support an aggravating or mitigating factor if that finding …
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… presented in plaintiff's motion "convince[d him] that the determination the [c]ourt made on September 13[], 2019, should … knowledge of jurors and does not require an expert. In support, plaintiff relies primarily on Nowacki v. Cmty. Med. … 15 A-1794-19 At bottom, we are satisfied that a determination to the appropriate standard of care, and any …
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… to keep. Both cite the plain language of the agreement in support of their respective positions. As was agreed, … on this record, decide that issue with certainty. "The determination of whether a contract term is clear or ambiguous … A plenary review standard, even if limited to a legal determination, requires a full record or at least one more …
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… The DPA was intended to “formally recognize” a “mutually supportive relationship” of same-sex couples, and entitle … to an unmarried person, based on an oral promise of support “has not judicially revived a form of common 14 law … to a non-marital relationship against the other for either support or property.” Cavalli v. Arena, 425 N.J. Super. 595, …
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… alleged identified surveys or even a certification . . . to support [his] assertions," or "any documentary evidence in support of his assertion that the location of the pole … of fact had failed because "[s]elf- serving assert[ion]s unsupported by documentary proof in their dominion and control …
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… facts in the movant's statement which are sufficiently supported will be deemed admitted for the purposes of the … that "[b]are conclusions in the pleadings without factual support in tendered affidavits, will not defeat a … aspects are framed in terms that sufficiently permit a determination of the actions taken during the relevant time …
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… were properly registered with the Bureau. C. In an order supported by a comprehensive written statement of reasons … to the trial court to conduct any further inquiry needed to support such a finding. As in SEC v. Better Life Club of … needed to answer the ultimate question. We leave this determination to the trial court's sound discretion. Reversed …
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… . . . Mehta who has come under fire this week for his support of the pharmaceutical industry and easier access to … executive [Mehta] who has come under fire this week for his support of the pharmaceutical industry and easier access to … DeAngelis v. Hill, 180 N.J. 1, 19 (2004). In light of our determination that plaintiffs have not proven actual malice, …