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… summary judgment against the Estate seeking a judicial determination that the Disputed Parking Area was a limited … and the Changebridge defendants have an interest in a determination they did not breach any fiduciary duty rendering … N.J. at 529. "Bare conclusory assertions, without factual support in the record, will not defeat a meritorious …
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… of the denial of his claim and agreed with the initial determination to deny the claim. Noting that "[a]ccording to … (App. Div. 2011)). "[I]f the complaint states no claim that supports relief, and discovery will not give 13 A-0640-23 … such as when the facts are 'palpably insufficient to support a claim upon which relief can be granted' and when …
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… and procedural history relevant to our review of the fee determination are derived from the record. Decedent Emilie L. … According to Russo, Sueanne was at the house caring for children in another 6 A-1716-23 room and "was coming in and … and Sueanne involving "suspicious circumstances." In support of his claims, he argued decedent was "immobile, . . …
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… days [from] the execution of the release," and "Hagrish supports that resolution" because the release "is an … plaintiff's motion to enforce settlement "because it is not supported by Hagrish." 11 A-2948-23 Moreover, the court … it was an additional, non-negotiated term. Indeed, Hagrish supports this conclusion. There, the essential terms of that …
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… occurred because the front wheel of her rollator hit a roof support column situated in the middle of the aisle that was … McCuen opined that defendant was negligent in having a roof support column raised baseplate with protruding bolts in a … jury was allowed to consider "prejudicial and medically unsupported" evidence to find Home Depot's negligence –– …
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… it in part. Specifically, we concur with the court's determination that, as a matter of the law, the record … documents, including the proof-of-mailing register, clearly support the trial court's finding that NJM mailed a letter … part company, however, with the trial court's conclusive determination that NJM demonstrated its compliance with …
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… even viewing plaintiffs' claim with liberality, there is no support that defendants intentionally destroyed the TMS logs … relied on materials outside the pleadings. For example, in support of its motion, plaintiff appended copies of: … plaintiff relied on materials outside the pleadings in support of its motion to amend the complaint, the court did …
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… stage that the court must “appraise the testimony, make a determination of true value and fix the assessment.” Rodwood … at trial, along with testimonial evidence and any other supporting documentation. Only after the court has heard the … determine whether the expert’s conclusions are adequately supported by the facts. Plaintiff also asserts that the …
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… award for future medical expenses "to the highest amount supported by the evidence: [three percent] of the $414,000." … into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend v. … 569, 583 (2008)). A net opinion is "a bare conclusion unsupported by factual evidence." Creanga v. Jardal, 185 N.J. …
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… TO ANSWER SUCH QUESTIONS, AND SHE PROVIDED NO BASIS TO SUPPORT HER NET OPINIONS (not raised below). POINT III … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" Townsend v. … opinion, the expert must 'give the why and wherefore' that supports the opinion.'" Ehrlich v. Sorokin, 451 N.J. Super. …
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… Association for Justice to file amici curiae briefs, which support Capri's contentions. We also granted leave to the … Insurance Association to file amici curiae briefs, which support defendants' contentions. Because our holdings and … Rule 4:6-2(e). Id. at 40. 16 A-3551-20 In reaching that determination, we noted there were "scores of federal and …
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… As for the negative criteria, the Board offers no evidence supporting its finding that a six-foot stockade fence … such as those in the surrounding neighborhood." The record supports the opposite, that is that none of the neighbors … a (c)(2) variance was arbitrary and capricious and without support in the record, we reverse the judgment of the Law …
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… present mixed questions of law and fact, we defer to the supported factual findings of the trial court, but we review … court's interpretation of OPRA, which constitutes a legal determination."); In re A.D., 259 N.J. 337, 351 (2024) ("We . … assumption of the obligation. We upheld the trial judge's determination that "no equitable or exceptional reason" barred …
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… property, N.J.S.A. 2C:35-5(a), -7(a). B. The Competency Determinations Competency questions concerning defendant's … such incapacity endures." N.J.S.A. 2C:4-4(a). Competency determinations are the sole province of the court, and upon a … and medicated in both prison and hospital settings, supported dismissal. The court analyzed the nature and …
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… "That is not my daughter, that's my husband's daughter. My children do not act like that, you know my children," which … to and agreed with the municipal court's credibility determinations, except it found it difficult to determine … is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 …
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… had occurred since the first trial judge's final order. To support her third TRO ("TRO 3"), Sydney testified she was … violence complaint, trial courts must make two distinct determinations: "[f]irst, the judge must determine whether the … denying an FRO was issued and was not appealed; (4) the determination of whether the facts and allegations prior to …
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… Court's own research, there does not appear to be authority supporting Defendant's position that risk purchasing groups … The disclaimer of coverage makes this matter ripe for determination by the court. For these reasons, the court finds … 101 N.J. 597 (1986). Where the policy language will support two interpretations, only one of which will support …
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… failed to make a sufficient showing of prejudice to support his motion for severance. Further, the State avers … N.J. at 160. A mere claim of prejudice is insufficient to support a motion to sever. State v. Moore, 113 N.J. 239, 274 … of the trial court ." Id. at 318. In making the determination, "a court must consider the competing factors …
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… evidentiary hearing if they establish a prima facie case in support of post-conviction relief, the court determines … a defendant has presented a prima facie claim and the facts supporting the claim are outside of the trial record, the … "when the issue is solely whether an adequate factual basis supports a guilty plea, a Slater analysis is unnecessary." …
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… garaged all of their vehicles in this State. In further support of their motion, movants argued Nationwide committed … the law of the place of the contract will govern the determination of the rights and liabilities of the parties … per victim because testimony from Braswell does not support this conclusion, whereas the judge found it did. The …