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… breach of contract and tortious interference claims were unsupported by the record. As noted, the court granted … failed to identify a genuine issue of material fact to support any claim of a "breach or related contractual … and $500,000, respectively, we agree with the court's determination this error did not change the fact defendant …
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… 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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… September 28, 2022" but NJM cites only to its complaint as support for this statement. The complaint does not contain … controversy doctrine based on the Special Civil Part's determination in its favor in the prior action between it and … followed. III. We begin by addressing the trial court's determination that NJM's claims against Lallygone were barred …
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… opposed the motion, arguing they established facts supporting their entitlement to coverage under the Business … before plaintiffs had an opportunity to develop evidence supporting their claim the virus exclusion is unenforceable … to -13, and argue the requested information may have supported their contention the virus exclusion is …
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… the swing set "was placed in an area where he could see his children and not be exposed to conditions which potentially … 8 A-0046-21 but rather maintain[ed] it for use of his children and . . . for their enjoyment." Nor could plaintiff support a claim under the LAD because "the easement [wa]s …
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… 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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… 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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… 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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… 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 …
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… evidence anew but merely determine[] whether the evidence supports the judgment of conviction." Johnson, 42 N.J. at … [made] . . . concurrent findings of fact and credibility determinations." Ibid. Therefore, appellate review of the … judge deferred to the municipal court's credibility determinations but independently came to the same conclusions. …
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… 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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… 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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… court engaged in an appropriate factual and legal analysis supporting its denial of defendants' motion and invalidating … and all permanent residents of the Unit, including minor children, hereby agree that any and all disputes with … 2).] "[S]tate contract-law principles generally govern a determination whether a valid agreement to arbitrate exists." …
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… presented that the police knew the caller's identity or to support their argument the call was fabricated by the … the caller's identity was unnecessary to ensure a fair determination of the issues raised. Further, the judge … 'disclosure of his identity is essential to assure a fair determination of the issues.'" Florez, 134 N.J. at 578. The …
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… failure to call Cory Benning as a defense witness. In support of this argument, defendant produced certified … my own volition . . . . 2. Recently I wrote a letter to a childhood friend I grew up with, Kal S. Mitchell . . . while … factors informing that decision, we defer to that determination. Carter, 69 N.J. at 427. In our view, the judge …
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… any interim benchmarks, as these directional policy supports '[were] designed to be living documents to be … suggests conditions its rulemaking on DEP's discretionary determination of necessity. We reject petitioner contention … DEP the discretion to condition its rulemaking on a determination of necessity. In reviewing the legislative …
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… 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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… 141 N.J. 292, 317 (1995)). Only when a court's fee determination "was based on irrelevant or inappropriate … that "all applications for the allowance of fees shall be supported by an affidavit of services addressing the factors … K.C.'s counsel appropriately submitted a certification in support of their motion for attorney's fees and cost, which …
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… 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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… 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., …