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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
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… there is sufficient credible evidence in the record to support the judge's determination.'" Ibid. (quoting State ex rel. R.V., 280 N.J. … giving deference to the trial court's credibility determinations and factual findings, we find that there is …
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… to the fourth lease amendment was $36,758.40. Defendants supported their calculation of the amount owed from language … Rather, this court will review anew the summary judgment determination on appeal. Id. In deciding motions for summary … also R. 4:46-2. The type of evidence considered in such determinations includes answers to interrogatories, …
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… in its legal analysis; and (5) plaintiffs' position was supported by an expert report. II. We review a grant of … 214 N.J. 303, 322 (2013). We review a trial court's determination of that 14 A-3809-21 question de novo. … agent at ORI. In addition, we agree with Judge Sheedy's determination that Next Medical did not owe a duty of care to …
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… the March 23, 2016 accident. Evanston made two arguments in support of summary judgment. First, it argued that the … of A&R. In opposing Evanston's motion, and in support of his request for a declaratory judgment, Sharkey …
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… Thus, defendant has failed to provide any evidence to support his contentions. Defendant's bald assertions are … insufficient credible evidence in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 …
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… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
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… 82 (App. Div. 2003). Finally, the record here does not support a finding of excusable neglect. At sentencing, the … live with her? THE DEFENDANT: No. THE COURT: Do you have children[?] THE DEFENDANT: Yes, sir, two children. THE COURT: Where are the children? Where are they …
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… the funds; the court's "order of disposition" was "wholly unsupportable"; and the trial court misunderstood interpleader … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not 10 A-5122-17T3 be disturbed." Pioneer …
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… in a preliminary statement included in plaintiff's brief in support of its motion for summary judgment in the bankruptcy … is not limited to the formal record in making a privilege determination to minimize the risk a witness will disclose 13 … additional information to permit the judge to make the determination.") (emphasis added). However, all of these …
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… applicable legal principles, consequently supplying ample support to grant plaintiffs' motion for a new trial, we … that those findings and conclusions were "so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record as a whole, his [or her] determination should not be disturbed." Pioneer Nat'l Title …
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… were awarded $10,822. II. Standard of review. A final determination made by a trial court conducting a non-jury case … that those findings and conclusions [are] 'so manifestly unsupported by or inconsistent with the competent, relevant … court's findings are "considered binding on appeal when supported by adequate, substantial and credible evidence." …
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… that defendant did not provide an adequate factual basis to support his guilty plea to second degree unlawful possession … from having a handgun was a sufficient factual basis to support his plea. The judge reviewed the transcripts of the …
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… court gives "great deference" to a trial court's determination on the admissibility of "other bad conduct" … a "clear error of judgment" to overturn the trial court's determination. State v. Castagna, 400 N.J. Super. 164, 182-83 … required to prove or disprove a fact at issue but need only support a desired inference. State v. Swint, 328 N.J. Super. …
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… factual picture," nor draw an inference without evidentiary support. Ibid. (quoting Colucci, 326 N.J. Super. at 177); … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent …
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… Roodenburg, one of decedent Faith Hursa's six surviving children, appeals from the following orders: three May 26, … are dismissed: Count II: Declaratory Judgment seeking determination that Amy ousted [plaintiff] and owes … for fees based on its conclusion that the record lacked support for her claims, finding: "[W]hile 14 A-4801-17T1 the …
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… gunpowder has been deposited. Muzzle to Garment Distance Determination, Vt. Forensic Laboratory, … https://vfl.vermont.gov/content/muzzle-target-distance-determination (last visited Feb. 25, 2020). If any gunshot … discovery of all evidence that the State has gathered to support its charges. Id. at 252 (citing R. 3:13-3). In …
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… and defendant were married in September 2016. They have no children together. Plaintiff obtained a March 20, 2019 … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … Id. at 127; accord J.D., 207 N.J. at 476. This second determination, like the first, "must be evaluated in light of …
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… Inc., 477 U.S. 242, 250 (1986)). Assertions that are unsupported by evidence "[are] insufficient to create a … opinions constitute mere speculation, 13 A-3535-18T2 unsupported by competent evidential material in the record. … problem with the handle. Where an expert's findings are not supported by proper factual evidence, it constitutes a net …