Filters
- A-1199-20 Opinionnjcourts.gov… Wrestler LLC, and Chicks Wrestling LLC, established to "support the growth of girls wrestling." On February 1, 2019, … facts that should have been submitted to a jury for a determination as to whether she breached the contract. As the … that resolution of those factual issues is crucial to a determination of whether the stipulated damages clause is …
- A-62-16 Opinionnjcourts.gov… this case, defendants did not present a colorable claim in support of their privacy argument. Forfeiture proceedings … OPRA; that prior Executive Orders and legislative history support that conclusion; that the ruling starkly contrasts … this case, defendants did not present a colorable claim in support of their privacy argument. Consider the context of …
- 05403-2010 Opinionnjcourts.gov… following oral argument shall serve as the court’s determination concerning the motion by plaintiff, Scott … tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” R. … If there is no agreement, then the court shall make a determination based on the calculations submitted by each …
- BER-L-1177-12 Opinionnjcourts.gov… preprinted form with little opportunity for negotiation. To support this argument, the Plaintiffs contend that Mr. Fahmy … of the art constitutes opinion or sales talk, which cannot support a fraud claim. Rodio v. Smith, 123 N.J. 345, 352, … by Lacka were nothing more than friendly advice. That determination is not for this Court to make on a summary …
- A-0983-18T4 Opinionnjcourts.gov… 192 N.J. 224, 244 (2007), as long as those findings "are supported by sufficient credible evidence in the record," … summation, echoing the first trial court's findings supporting its oral decision to admit the other-crimes … when he was involved in criminal behavior was a factual determination; it did not render the admission of that …
- A-1236-18T3 Opinionnjcourts.gov… to the trial court, defendant's affidavit in support of PCR provides: I wanted to testify at trial to … to defend myself, [my female companion], and her two children. I explained this [to] my trial attorney, yet he … on to a PATH train, packed with people. His own two infant children. Was that a gross deviation that resulted in the …
- A-4312-17T2 Opinionnjcourts.gov… and imposition of a 144-month FET, finding the decision was supported by credible evidence in the record and not … that the Board provided a sufficient explanation for its determination and satisfied the demands of due process. Id., … built upon prior decisions, which had established that "children are constitutionally different from adults for …
- A-1472-18T2 Opinionnjcourts.gov… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
- A-3095-18T1 Opinionnjcourts.gov… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
- A-3750-17T2 Opinionnjcourts.gov… this amount. 10 A-3750-17T2 cases defendant relied upon to support its position "factually distinguishable" from this … his earlier ruling was "appropriate under . . . FELA." To support his decision, the judge relied heavily on the fact … defendant relies on other state and federal cases to support its position. However, these cases are neither …
- A-5651-17T4 Opinionnjcourts.gov… 42 N.J. 146, 161 (1964)—so long as those findings are "supported by sufficient credible evidence in the record," … to leave a handgun that they observe in a public area for children or others. 13 A-5651-17T4 His recitation of those … Wong Sun v. United States, 371 U.S. 471, 488 (1963)). The determination whether significant attenuation exists to …
- A-5156-15T4 Opinionnjcourts.gov… to represent defendant and filed an amended petition and a supporting 5 A-5156-15T4 certification of defendant. The … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- A-0866-16T1 Opinionnjcourts.gov… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … N.J. 39, 45 (2011)) (stating "appellate review of legal determinations is plenary"). 5 The Law Division granted … health condition. There is no legal nor factual support for defendant's contention. In State v. Marquez, 202 …
- A-3661-19 Opinionnjcourts.gov… of his PCR petition. In his certification filed in support of his PCR petition, defendant stated that his trial … to request an adverse inference charge. The judge's determination that one officer was newly hired and unfamiliar … of the rest of the jury. There is no basis in the record to support defendant's assertion that juror number five was …
- A-1976-17T1 Opinionnjcourts.gov… of the mortgage. It rejects the trial judge's determination that its argument was actually an attempt to … date when calculating the amount due because the evidence supported a finding that Rosemont waived its right to … did not declare a default prior to May 2014. The City also supports its argument with deposition testimony from 20 …
- A-4243-17T1 Opinionnjcourts.gov… from presenting evidence concerning her driving habits to support her claims she was not driving the [car] at the time … have a tendency in reason to aid the trier of fact in the determination of an issue before it. Without expert testimony … of cumulative evidence.'" Weaver, 219 N.J. at 151. "This determination is highly discretionary." Ibid.; see State v. …
- A-3772-16T4 Opinionnjcourts.gov… tenders the NOI, but from the date it provides the data supporting the NOI. 422 N.J. Super. 399, 422 (App. Div. … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" (alterations … risk to commit another offense, N.J.S.A. 2C:44-1(a)(3), was supported by the defendant's letter in The first category, …
- A-5276-16T4 Opinionnjcourts.gov… the search warrant during business hours. The affidavit in support of the search warrant included information that a … by the trial court "provided those factual findings are 'supported by sufficient credible evidence in the record.'" … unjust result. R. 2:10-2. 22 A-5276-16T4 V. Normally, our determination on the arguments raised by defendant would end …
- A-1380-14T3/A-1781-14T3 Opinionnjcourts.gov… date, in 2008, we affirmed the Law Division judge's determination, holding, [W]hen property increases in value … 9 A-1380-14T3 This court further held: 1) The court's determination to deny interest for the period prior to … defer to the factual findings of the trial judge that are supported by adequate, substantial and credible evidence in …
- A-5113-14T3 Opinionnjcourts.gov… claims. 4 A-5113-14T3 testified that he "certainly support[ed]" plaintiff's use of family leave, which he … for Development" section, he wrote, "[S.A.] has family support and care giving needs that result in her making more … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …