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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … when he placed his entire upper body into the Mustang. In support of his argument, defendant cites to Horton v. …
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… how high Reif was sitting while driving the truck, thereby supporting plaintiff's essential claim, i.e., that Reif … is: "[I]f, accepting as true all the evidence which supports the position 11 A-1559-17T2 of the party defending …
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… (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in 8 A-5363-16T4 … judgment in forgoing a Wade hearing before each trial is supported by substantial credible evidence in the record. By …
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… at 167). We need not defer to the trial court's legal determinations, which we review de novo. Davidovich, 446 N.J. … there was insufficient evidence before the trial court to support the conclusion that dog groomers assume the risk of … a dog was an attempt to prevent a dog bite[.]" The record supports the judge's decision. The judge correctly found …
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… to dismiss an employee for filing a complaint that is not supported by an objectively reasonable basis. [Id. at … is pretextual." Id. at 39. Plaintiff admitted the facts supporting the hearing officer's other basis for discipline. …
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… gastric carcinoma. Pelle, who was unmarried and had no children, lived with her parents. Turning to the litigation, … and funeral expenses . The judge cited to no law or fact in support of his decision to dismiss the wrongful death claim … He cited cases involving damages for a shortened life in support of his decision. Those cases were inapposite; …
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… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
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… allegation that a driver violated N.J.S.A. 39:4-89 that is supported by evidence that the defendant was traveling too … takes evasive action to avoid an accident, which would have supported a Dolson charge had it occurred, and in doing so …
njcourts.gov
… guilty pleas reserving "the right to appeal [an] adverse determination of any specified pretrial motion"). In entering … Defendant appeals and challenges the Law Division's determinations, which we now affirm.2 Defendant presents these … authentication or identification "by evidence sufficient to support a finding that the matter is what its proponent …
njcourts.gov
… R. 4:46-2. No special deference is afforded to the legal determinations of the trial court when no issue of fact … to get work-related forms). "Two rationales exist to support the 'going and coming' rule. The first is that … his testimony would vary from his certification filed in support of PBS's motion. "A motion for summary judgment is …
njcourts.gov
… 2000). We must defer to the factual findings and legal determination made by the judge of compensation "unless they are 'manifestly unsupported by or 7 A-1988-15T4 inconsistent with competent … of limitations. Those findings required credibility determinations, not the evaluation of established facts as in …
njcourts.gov
… Deutsche Bank filed a request for entry of default. In support of that application, Deutsche Bank also filed a … presence of a meritorious defense worthy of a judicial determination." Ibid. Particularly in a foreclosure matter, … (App. Div. 2014). "[A] court may not make credibility determinations or resolve genuine factual issues based on …
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… court" and accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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… her distress did not rise to the level required to support a claim for emotional distress. Id. at 280. We … that her emotional distress was of the severity required to support a claim against defendants for 13 A-0200-16T2 …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … The judge concluded that exigent circumstances existed to support a warrantless search of defendant's person based on … contraband. We discern no error in the motion judge's determination that the officer "had no practical opportunity …
njcourts.gov
… 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … is sufficient credible evidence to support the Board's determination that Williams' disability was not the direct …
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… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
njcourts.gov
… killed his ex-girlfriend, Monica Paul, with whom he had two children. The shooting occurred at the Montclair YMCA in … Defendant also submitted two certifications of his own in support of his petition. He stated his trial attorney failed … a certification from trial counsel or any documentation in support of his allegation that the State extended a plea …
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… court, Gourvitz relies on various equitable doctrines in support of its waiver argument, including collateral, … original jurisdiction as is necessary to the complete determination of any matter on review." See also N.J. Const. … is to determine whether there is adequate evidence to support the judgment rendered' by the trial court." Fisher, …