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njcourts.gov
… We find the motion judge's extensive findings fully supported by the record. Thus, we find no error in the … faith and fair dealing 'must provide evidence sufficient to support a conclusion that the party alleged to have acted in …
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njcourts.gov
… testified and the judge viewed body-camera footage—are supported by the record evidence, including the testimony of … the area after commission of the crime is speculative and unsupported by any facts in the record. And the other car that … a group of innocent circumstances in the aggregate can support a finding of reasonable suspicion." Id. at 368. Nor …
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njcourts.gov
… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … to the terms of the Bonus Award Agreement provides adequate support for the entry of the order granting a stay and … "we review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated …
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njcourts.gov
… in the area near the bleachers, including a fair number of children playing football in the grass next to the walkway. … tackled and injured David. That theory, however, is not supported by the material undisputed facts. In that regard, the facts do not support a finding of causation. Initially, we note that the …
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njcourts.gov
… that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … not substantiated. There is ample evidence in the record to support the trial judge's 10 A-3437-18T4 finding that … Therefore, there is ample evidence in the record to support the trial judge's finding that the retainer complied …
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njcourts.gov
… a trial court must weigh other factors relevant to the "determination of the existence of a duty of reasonable care … 'general negligence principles' . . . ." Id. at 230. This determination implicates consideration of the foreseeability … MSR on numerous prior projects. The nature of the risk also supports imposing a duty against MSR. Although the risk of …
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njcourts.gov
… and thereafter filed an amended PCR petition and a brief in support of the petition. Defendant argued trial counsel was … ." The PCR court found these allegations lacked factual support, noting counsel had in fact obtained information …
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njcourts.gov
… and that this information came as a surprise to them. 3 In support of the notion that the Property is in fact … 2A:61-1 6, they are entitled to be relieved of the bid. In support of the notion that a Crowe analysis is satisfied, …
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njcourts.gov
… unlike the unveiling of a statue. The motion substantially supported requires the opposition to remove the shielding … Trust Co., 17 N.J. 67, 75 (1954) (citation omitted). “[A] determination whether there exists a ‘genuine issue’ of … Mr. Wharton’s opinion. In the face of evidence that supports the conclusion that defendant’s negligence was the …
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njcourts.gov
… proceeded to summarize in detail each piece of evidence supporting the State's case. Clearly, the use of the word … 210, 215 (1989)). When a sentencing court's findings are supported by the record, we will only reverse if the …
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njcourts.gov
… a late Notice within one year after discovery of the lease supports a finding of extraordinary circumstances. … motion judge's decision. The motion judge's findings were supported by sufficient facts and consistent with the TCA. …
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njcourts.gov
… the selling price of real property involved in a judicial determination of its assessed value is usually a guiding … information and applied it accordingly. The argument in support of the Municipality's motion to vacate is that: 1) … have proceeded to trial. The Municipality cites no law in support of their argument, and the court knows of none. …
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njcourts.gov
… Differed From Those Applied By Judge Venable, Were Not Supported By The Record. After appellate briefs were filed … for a probationary sentence. Although this argument had support in our decision in State v. Nance, 442 N.J. Super. …
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njcourts.gov
… unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." … (App Div. 2005). Therefore, "a prison administrator's determination not to give a prisoner a polygraph examination … See N.J.A.C. 10A:4-10.1(f) (2014). 10 A-3670-14T4 determination is 'arbitrary, capricious or unreasonable.'" Id. …
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njcourts.gov
… sent the Planning Board a memorandum confirming his determination that V Boys' application required no variances … December 17, 2014. He agreed with the Zoning Officer's "determination that the applicant meets all the conditions for … foot canopy does not constitute a principal building is not supported by the Zoning Ordinance or MLUL." Fifth, "[t]he …
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njcourts.gov
… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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njcourts.gov
… OF A DENIAL TO VACATE A GUILTY PLEA WHEN THE PLEA IS NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS IS DE NOVO. (NOT … to [Rule] 3:21-5." R. 3:22-12(a)(1). Notwithstanding this determination, the judge also found the factual bases for … of the nature of the charges, and the trial court's determination of defendant's motivation, defendant's motion to …
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njcourts.gov
… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … We find that there is substantial, credible evidence supporting the judge's denial of the motion to suppress …
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njcourts.gov
… with respect to jurisdiction to determine whether they were supported by substantial, credible evidence" in the record. … Despite Egg Harbor's argument that Pagano's contacts support a finding of specific jurisdiction, Pagano could not … ("A dismissal for lack of jurisdiction is plainly not a determination of the merits of a claim. Ordinarily, such a …
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njcourts.gov
… or unreasonable, or A-0568-16T4 6 that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … Kasper does not support the Board's blanket position that a parking lot …