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njcourts.gov
… as moot. In No. A-4689-16, plaintiff appeals the court's determination that his complaint is moot. In Nos. A-4693-16 … Exterior issues included roofing, inferior structural support, deteriorated windows, chimneys, skylights, … appeal is technically moot. Notwithstanding this determination, we observe an important distinction between the …
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njcourts.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 …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 3 … or, in the alternative, for summary judgment. In a supporting certification, the managing member of the … decide a question of title . . . in the way that will best support and maintain the integrity of the recording system." …
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njcourts.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. …
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njcourts.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, …
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njcourts.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 …
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njcourts.gov
… controlled which circuit. These undisputed facts fully support the court's finding that "HGB knew of the condition … design and construction. Ibid. With respect to our determination defendant did not owe plaintiff a duty to … box, plaintiffs argue that knowledge "does not change the determination that [HGB Realty 2] owed a duty of care, nor is …
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njcourts.gov
… was nothing in the evidence direct or extrinsic that supported the contention that Francesco intended that Carol … and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the …
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A-0850-24 Briefs
Briefs
njcourts.gov
… claims that it was negligent for Defendant not to prevent children waiting for the ride from making rude comments to … 23, 2024, with the filing of a Reply Brief in further support of their Motion to Dismiss. (Da07). Oral argument … Distress Appellant argues the trial court erred in its determination that there was no failure to state a claim for …
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njcourts.gov
… factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … other evidence in the record beyond the cigarettes to support the trial court's conclusion that Officer Royce had … of the other specific and articulable facts. 16 A-2296-21 supported Officer Royce's reasonable suspicion and provided …
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njcourts.gov
… N.J. Super. at 27-28 (same). Petitioners cite one case in support of their assertion this court has the authority to … at 177). And the applicable statutory language fails to support petitioners' assertion we can declare a law void … challenges by its own unambiguous language. To support their assertion this court can declare a statute …
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njcourts.gov
… present witnesses to show K.G. fabricated her claims. In support of his petition, defendant submitted a certification … testimony" and "uphold the PCR court's findings that are supported by sufficient credible 20 A-3508-22 evidence in … defendant's right to testify were not deficient are fully supported by the record and, thus, the legal conclusions …
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njcourts.gov
… bodily injury" to Sciarretta beyond a reasonable doubt to support the endangering charge. The judge imposed a … 544 (2021) ("The plain error standard requires a twofold determination: (1) whether there was error; and (2) whether … there was sufficient credible evidence in the record to support the jury's guilty verdict to third-degree resisting …
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njcourts.gov
… said she was fortunate to have two houses. She had two children. She was going to ask her son which house he wanted … is this about houses. Truth is, she has two houses and two children. She told me she asked you what house you wanted … that findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… MDTV's prospective economic advantage, finding no facts supporting the claim and concluding MDTV had an obligation … 440-441 (2005))). We agree with the judge's threshold determination that the Woodstone mortgage was a valid and … of the property. We also agree with the judge's determination that Kwon's companies were holders in due course …
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njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … seeking to dismiss plaintiff's complaint against him. In support, Swope submitted various exhibits, including … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… there was "enough" of a factual record to make the legal determination, and there was no need for further discovery on … 2015, not July 2017 as her current counsel had claimed. For support, Quest relied on the two letters KMH&L sent on July … determined that plaintiff failed to rebut his earlier determination that the records Dr. 14 A-1923-20 Brickner sent …
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njcourts.gov
… order on June 7, 2021, denying defendant's petition. In a supporting oral decision placed on the record on the same … unreasonable and that he ha[d] been . . . prejudice[d]." In support, the judge explained that defendant "was unable to … under the abuse of discretion standard the PCR court's determination to proceed [with or] without an evidentiary …
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njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … court's discretion"). Here, the record was sufficient to support the preclusion of plaintiff's medical expert without …
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njcourts.gov
… event, he contended the totality of circumstances did not support the stop because the CI's tip lacked veracity or a … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we cannot 19 A-0450-22 make an independent determination of whether that conclusion was reasonable." Id. …