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… seek personal injury damages. Plaintiffs argue the caselaw supports the proposition there is a contractual relationship … and Appeals was constrained to rely on a contract theory to support the town's authority to place a lien on a landlord's … absence of contract - based litigation in the modern era supports the conclusion that the WSA is inconsistent with, …
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… "to be construed so broadly." Id. at 627. Instead, "the determination of whether a police officer is engaged 'in the … unreasonable for liability to attach. The TCA does not support this argument. A public employee is liable for an … to Ogborne v. Mercer Cemetery Corp., 197 N.J. 448 (2009) in support of the contention that a heightened "palpably …
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… action in lieu of prerogative writs to appeal the board's determination that variances were not required. On March 2, … plaintiffs rely on the validity of the ordinances in support of their claim that the zoning board should have … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
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… his injuries; 2) the amount of damages was excessive and unsupported by the evidence;2 3) the judge erred in admitting … award of future medical expenses and past lost wages was unsupported by the record; 5) the summation by plaintiff's … to an outcome. For these reasons, the judge's determination to admit this evidence was not an abuse of …
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… A PROPER ANAYLSIS OF THE AGGRAVATING FACTORS DOES NOT SUPPORT SUCH A SENTENCE. POINT V: UNDER STATE V. YARBOUGH, … 804(a)(3) does not require a court to make a factual determination whether a witness in fact recalls his prior … mandate that a court, let alone a jury, make a factual determination whether a witness's claim he lacks memory of the …
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… from the November 3, 2014 order embodying that judge's determinations. On review, we found the Law Division judge's determinations that defendant was guilty of these three … right to a speedy trial was not violated, were unsupported by any factual findings, as required by Rule …
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… the case. State v. R.B., 183 N.J. 308, 330 (2005). "[A] determination as to whether a prosecutor 's comments had the … evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent … by association. There is no guilt by association. In your determination of whether the State has proven beyond a …
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… "materially inaccurate" and lacked "sufficient evidential support." He found that the LOI did not expire on June 30, … development was extensively analyzed, and ultimately supported, by the . . . Township's governing body, the … management proposal), relied upon by defendants to support their contention that conditional approval was …
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… upon Rule 1:12- 1 and finding there were no facts to support his recusal under the rule. As to the motion to … 173 (App. Div. 2000). As such, we review a trial judge's determination de novo. Manalapan Realty, L.P. v. Twp. Comm. of … a final judgment on the 19 A-2302-19 merits; (4) the determination of the issue was essential to the prior …
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… as well as the award of sanctions, are reasonably supported by the record Marchisotto has put before us. … As best we understand it, Marchisotto is one of three children of the decedent, John L. Marchisotto. He has two … irrevocable trust, but, rather, he is seeking his and his children's appropriate share thereunder." Although we've not …
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… limit it to only surplus lines insurance." Id. at 512. In support of this determination, the Tax Court stated that the Legislature … Court's denial of J&J's refund request, and remand for a determination of the amount of the refund due J&J. Reversed …
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… pointed to the "extra concern about a mother protecting her children that was persuasive." The court entered an FRO at … Moreover, the urgent rush to trial the following day is not supported by the record. It was within the bounds of the … courts should defer to the trial judge's credibility determinations). We discern no basis on this record to …
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… OF ATTEMPTED MURDER AS THE RECORD CONTAINS NO EVIDENCE SUPPORTING SUCH A CHARGE. Point IV THE TESTIMONY BY MULTIPLE … overwhelming. The surveillance video captured the event and supported Morant's testimony. It showed the shooter coming … we perceive no abuse of discretion in the judge's determination that the mitigating factors were "non-existent" …
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… in Bridgewater, New Jersey that provides tax software and support to multiple counties in NJ. 7 N.J.S.A. 54:4-38.1 … in the recipient address and, thus, did not necessarily support a conclusion of mail delivery. However, the court … and the Subject Property’s card was not returned. This supports the findings enumerated that establish mailing in …
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… intent of the parties for entering Agreements 1 and 2 support the conclusion that delivery of the 2nd Deed in Lieu … issue with the New Jersey Tax Court proceeding with the determination of his pending tax appeals. As noted above, … remedy which must be sparingly used. Given the Trustee’s determination to not pursue the issue when these appeals were …
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… property owner for their legal costs in the absence of a determination that plaintiff's injuries were caused by the … relies upon three paragraphs in the Lucas contract to support its claim for contractual indemnity. The County … Mantilla, 167 N.J. at 272). B. The AECOM Contract In support of its claim for indemnification against AECOM, the …
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… officer, jumped a fence, and tried to jump another. That supported a reasonable inference the second male was one of … guilty of the [hindering] offense. Once the jury made its determination, the court did not commit any error . . . by not … or name the hindered offense. "[T]o facilitate the determination of the grade of the offense," the verdict sheet …
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… or the four corporations. The trial court's ruling was supported by the language of the August 2014 settlement … burden of pro[of]," the "inquiries involve fact-specific determinations that must be resolved on a case-by-case basis," … from making the fact-sensitive inquiry and fact-specific determinations, and balancing, all of which should be done by …
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… THEN SHOT; WITHOUT SUFFICIENT EVIDENCE TO TRULY AND FULLY SUPPORT HER THERORY [SIC]. PRO SE POINT VI THE TESTIMONOY … door. Christina Rivera, who is the mother of defendant's children, answered the door. Rivera told S.B.W. she did not … that on April 10, 2012, he had been home with Rivera, their children, and 14 A-4341-15T2 some friends, with whom he had …
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… all favorable inferences, bare conclusions without factual support in affidavits or the mere suggestion of some … 129, 134 (App. Div. 1999) (requiring submission of factual support in affidavits to oppose summary judgment motion); … As discussed by the Court above, the record does not support a finding that the SAC Defendants directed …