Filters
- A-4092-18T1 Opinionnjcourts.gov… affidavits or certifications based on personal knowledge in support of its contentions. Notably, RA Pain did not argue … that there was no mutual shareholder assent was not supported by any affidavits or certifications of individuals …
- A-0233-18T4 Opinionnjcourts.gov… was denied. Defendant filed a timely PCR petition. In his supporting certification, defendant asserted "[he] would … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not 15 A-0233-18T4 …
- A-0947-19 Opinionnjcourts.gov… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Fox & Lazo Realtors, 132 N.J. 426, 439 (1993)). The determination of such a duty is generally considered "a matter … the . . . feature causing the fall," recognizing that the determination "depend[s] on the context and facts in the given …
- A-1727-19 Opinionnjcourts.gov… anyone who is affected by it. The victim wrote an email in support of defendant's character: I was not hurt nor damaged … and the "compelling need to prosecute offenders who target children" would have precluded him from admission to PTI.3 … 556, 561 (App. Div. 2010). Adhering to the original determination, this court once again remanded the case. Id. at …
- A-4111-18 Opinionnjcourts.gov… defendant did not display his police badge, call for police support, or render aid to Smith. Instead, defendant told … to trial judges when evaluating their evidentiary determinations, State v. Cole, 229 N.J. 430, 449 (2017), which … was accidental. Defendant further challenges the judge's determination that Olimpio was not qualified to testify …
- A-2556-19 Opinionnjcourts.gov… had not provided any medical documentation or expert support for such a claim. B. The State presented the … proper analysis under N.J.R.E. 609(b).5 Thus, he could not support the theory argued by his counsel that his behavior …
- A-4090-18 Opinionnjcourts.gov… Board of Directors. The Board of Directors shall make a determination on its desired approach and WMG will carry out … agreements with third party vendors. . . . . . . . 3.7 Support to Association's Counsel. When requested by the … court in our review of appeals from summary judgment determinations. Lee v. Brown, 232 N.J. 114, 126 (2018). …
- A-1448-19 Opinionnjcourts.gov… INC., and BEAUVAIS CARPETS, INC., Plaintiffs, v. ROTHSCHILD REALTY I, L.P., and UNIVERSAL CARPET DESIGN, INC., Defendant, and ROTHSCHILD REALTY I, L.P., Defendant/Third Party … correctly interpreted the law.'" DepoLink Ct. Rep. & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-4154-19 Opinionnjcourts.gov… to the ground, Dusenbery's 3 We do not address the ALJ's determination, which was adopted by the Board in its final … 4, 2015 incident. Dusenbery does not challenge that determination on appeal. See Drinker Biddle & Reath LLP v. … Woods incident.4 The ALJ 4 The ALJ made detailed findings supporting her conclusion Dusenbery is totally and …
- A-0995-19 Opinionnjcourts.gov… for a new trial based on newly discovered evidence. In support of that motion, he presented a certification from a … on the claims being advanced" and includes evidence that supports a general denial of guilt. State v. Ways, 180 N.J. … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has …
- A-3631-18 Opinionnjcourts.gov… No. A- 6934-03 (App. Div. May 12, 2005). The evidence would support a finding that on April 28, 2002, defendant drove … to the sound discretion of the trial court, and its determination will not be reversed on appeal unless there has … That strategic posture undermines its truthfulness and supports the motion court's conclusion that the affidavit …
- A-3151-17T1 Opinionnjcourts.gov… Cedar Knolls' invoices and other documents submitted to support the company's grant request. On December 26, 2017, … documents – forwarded to the agency on December 28 – supporting future remedial action, but advising that "the … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of …
- A-2124-17T4 Opinionnjcourts.gov… Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the factors supporting concurrent sentences." We agree. As noted by the …
- A-2840-18T1 Opinionnjcourts.gov… of marijuana, which resulted in a conditional discharge, supported aggravating factor number three. The judge found … the judge failed to make the necessary findings of fact supporting his determination or otherwise sufficiently expressing his …
- A-5930-17T2 Opinionnjcourts.gov… except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the … (1977)). We must, however, make our own independent determination of whether a miscarriage of justice occurred. …
- A-5875-13T3 Opinionnjcourts.gov… ordinance did not state on its face specific findings that supported granting the long-term tax exemption for the … it was a non-profit New Jersey corporation. The record supports the conclusion that it was a private non-profit New … or nonprofit entities. N.J.S.A. 40A:20-3(g). The determination of whether a LTTEL developer or urban renewal …
- A-2445-15T3 Opinionnjcourts.gov… NORTHVALE, L.L.C., Third-Party Plaintiffs, v. ANDREW ROTHSCHILD, Third-Party Defendant. … rights, quantum meruit and allegations intended to support piercing the corporate veils of RV Homes and RV … and determined or settled . . . because that's a determination, by the parties and those which could have been …
- A-4599-13T2 Opinionnjcourts.gov… to see innocuous “horseplay” in the face of danger was supported by the physical characteristics of her assailant. … in Yonkers, New York on the morning of August 1, 2011. In support of this defense, defendant called his wife Lisa …
- A-3479-15T3 Opinionnjcourts.gov… only upon the establishment of a prima facie case in support of post- conviction relief." R. 3:22-10(b). "To … appear to us that anything in the record available would support [defendant's] version of events." State v. Santos, … "The subsequent presentation of conclusory allegations unsupported by specifics is subject to summary dismissal, as …
- A-2926-15T3 Opinionnjcourts.gov… time to be relevant. The judge also found there was nothing supporting defendant's continued argument about the missing … was no similar requirement for the CU34 simulator unit. To support this finding, the judge quoted the following passage … breath test. Accordingly, the municipal court's determination that the defendant was not entitled to this …