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njcourts.gov
… initial application; (2) the Board's findings do not support the grant of a conditional use variance; (3) the … issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … conclude that the record contains ample evidence supporting the Board's discretionary action. To the extent …
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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 …
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njcourts.gov
… time. 7 A-0144-21 Judge Galis-Menendez made a similar determination regarding the motion to suppress evidence based … (1992). We defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." … mixed questions of law and fact, we give deference to the supported factual findings of the PCR court but review de …
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njcourts.gov
… respondent Westcor Land Title Insurance Company (Fox Rothschild LLP, attorneys; Barry J. Muller, of counsel and on the … expediated procedure predicated on a procedurally- flawed determination that the property at issue had been abandoned … matter and on the factual findings made in the decision supporting the order denying GEM's motion to vacate the …
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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 …
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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 …
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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 …
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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 …
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njcourts.gov
… retailers like Westpark.” Certification of Jacob Orfali in Support of Motion for Reconsideration, ¶ 8. Any sales to … ceasing to conduct business with Westpark, and the facts support Westpark’s assertion that no tortious interference …
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njcourts.gov
… for Justice to submit a brief as an amicus curiae supporting plaintiff's position. II. On appeal, plaintiff … Town of Montclair, 81 N.J. Super. 481 (App. Div. 1963), to support their contention that res ipsa does not apply in …
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njcourts.gov
… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
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njcourts.gov
… to dismiss an employee for filing a complaint that is not supported by an objectively reasonable basis. [Id. at … is pretextual." Id. at 39. Plaintiff admitted the facts supporting the hearing officer's other basis for discipline. …
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njcourts.gov
… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
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njcourts.gov
… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
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njcourts.gov
… her distress did not rise to the level required to support a claim for emotional distress. Id. at 280. We … that her emotional distress was of the severity required to support a claim against defendants for 13 A-0200-16T2 …
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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. …
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njcourts.gov
… the trial court found defendant guilty and noted in support of that conclusion: I find the defendant has had the … a review of the record, we agree with the trial court's determination that defendant's attorneys provided effective … (App. Div. 2011) (quoting Padilla, 559 U.S. at 372). That determination must be "based on evidence, not speculation." …
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njcourts.gov
… final judgment failed to comply with Rule 4:64-2, as it was supported by certification rather than affidavit, further … He also again asserts that plaintiff's certifications in support of foreclosure failed to comply with both Rule …
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njcourts.gov
… plaintiff moved for summary judgment in March 2023. In support of its motion, it attached business records, … and mortgage, there was no "newly discovered evidence" to support the basis of their motion under Rule 4:50-1(b). 9 …
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njcourts.gov
… of the preexisting condition of his neck and back. In support of the motion, defendant argued that prior to the … that plaintiff will undergo future medical treatment. In support of the motion, defendant relied on the following …