-
njcourts.gov
… cases is limited. R.1:36-3. April 4, 2017 2 A-3497-14T2 determination upholding a Department of Corrections' … On appeal, Young argues the Commission's findings are not supported by credible evidence; the ALJ's factual findings … Commission are arbitrary, capricious, unreasonable, and unsupported; the ALJ allowed inadmissible hearsay; the ALJ …
-
njcourts.gov
… would not be reasonable under the circumstances. The record supports that determination. As Judge Francis pointed out in his opinion, … Again, we disagree. As we have explained, the judge's determination was supported by the record, and it is not …
-
njcourts.gov
… scheduling conflict, but we are not convinced the record supports a determination that plaintiff's adjournment request was without … affirm the court's award of summary judgment based on its determination that plaintiff failed to serve an affidavit 9 …
-
njcourts.gov
… 101 (2016). They are upheld "so long as those findings are supported by sufficient credible evidence in the record." … incident, which the judge watched. His conclusion, not supported by Ganci's testimony, appeared to be that until … the record, we disagree with the court's legal determination. The circumstances did give rise to a reasonable …
-
njcourts.gov
… defendant did not submit a certification or affidavit in support of its motion. In the motion, defendant relied upon … claim had been timely filed, the facts as alleged do not support a claim of fraud. The record indicates that at the …
-
njcourts.gov
… objection" that lacked reference to specific case law and supporting certifications. The judge also found that due to … fees 10 A-3932-14T4 from the assignor's estate must be supported by a certification of services containing the … fee applications where the court is called upon to make a determination of the amount based on reasonableness. 12 …
-
njcourts.gov
… The judge also considered the defense expert report in support of the reconsideration motion and determined a jury … Thus, plaintiff was required to present expert testimony supporting the dislocation of the bit from the dental drill …
-
njcourts.gov
… Cir. 1996)). Frankly, both parties have made arguments that supported the trial court's damages formula when it helped … considered in the damages formula. At that point, defendant supported the formula that it argued against in the previous …
-
njcourts.gov
… following facts are derived from the evidence submitted in support of and in opposition to the summary judgment motion, … a reasonable time. Plaintiff has provided no facts to support that theory beyond mere speculation. Taking …
-
njcourts.gov
… demonstrate with particularity how further discovery will support missing elements of her cause of action. See … and the vagueness of what caused plaintiff's fall support granting summary judgment in favor of defendants. …
-
njcourts.gov
… because the money reached the intended person, Daniel. In support of its motion, BOA relied upon plaintiff's … N.J. Super. at 68 (citations omitted).] The record amply supports the judge's finding in this case that the proceeds …
-
njcourts.gov
David W. Field (00378-1984) LOWENSTEIN SANDLER LLP 65 Livingston Avenue Roseland, New Jersey 07068 973.597.2500 Attorneys for Defendant LifeCell Corporation IN RE: ALLODERM® LITIGATION CASE CODE 295 MICHAEL SIMINERI and KAREN SIMINERI, h/w, Plaintiffs, v. …
-
njcourts.gov
… we conclude that the decision was not arbitrary and is supported by substantial credible evidence of an operational … interim decision. However, instead of submitting evidence supporting its apparent view that the new title was not …
-
njcourts.gov
… stating the rules "shall be construed to secure a just determination, simplicity in procedure, fairness in … to her bad faith conduct. We see no basis to upset that determination. Futrell next contends the order to proceed summarily deprived her of discovery that could support her claims and defenses, thereby denying her due …
-
njcourts.gov
… trial judge's decision, provided that those findings are "supported by sufficient credible evidence in the record." … issue. Even so, we conclude that the record does not support a finding that defendant's failure to utilize his …
-
njcourts.gov
… provided the court with certifications and documentation supporting the court's calculations of damages and the final … 4:50-1. We give substantial deference to a trial court's determination of a motion to vacate a default judgment and … no abuse of discretion 13 A-1493-19 in the court's determination that defendants did not present a meritorious …
-
njcourts.gov
… OF FIRST-DEGREE ROBBERY, WHEN THERE WAS EVIDENCE THAT SUPPORTED BOTH LESSER-INCLUDED CHARGES. A. There Was Ample … found a loaded gun. Ibid. The Court held these facts could support a conviction for attempted robbery. Id. at 260. …
-
njcourts.gov
… 2000). We must defer to the factual findings and legal determination made by the judge of compensation "unless they are 'manifestly unsupported by or 7 A-1988-15T4 inconsistent with competent … of limitations. Those findings required credibility determinations, not the evaluation of established facts as in …
-
njcourts.gov
… Deutsche Bank filed a request for entry of default. In support of that application, Deutsche Bank also filed a … presence of a meritorious defense worthy of a judicial determination." Ibid. Particularly in a foreclosure matter, … (App. Div. 2014). "[A] court may not make credibility determinations or resolve genuine factual issues based on …
-
njcourts.gov
… guilty pleas reserving "the right to appeal [an] adverse determination of any specified pretrial motion"). In entering … Defendant appeals and challenges the Law Division's determinations, which we now affirm.2 Defendant presents these … authentication or identification "by evidence sufficient to support a finding that the matter is what its proponent …