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… Flagrant Violation Of The Recordation Requirements, Did Not Support The Trial [c]ourt's Ruling That The Photo … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record," … 434, 451 (1972)). "To the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
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… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
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… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
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… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
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… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
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… seven, her lack of criminal history. We review sentencing determinations under a deferential standard. State v. Grate, … (5), and (9). The court adequately identified the facts supporting each of those aggravating factors. The court then … activity, prior to the [i]ndictment." That finding is also supported by adequate evidence in the record. The trial …
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… recognized the Complex's governing documents "in part" supported plaintiffs' argument that they were not liable for … judge further determined discovery was not necessary "to support the validity of such expenses." The motion judge …
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… 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be filed to "the … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … have faded due to the passage of time." The County did not support its arguments with certifications or other legally …
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… 6 A-2053-19 The letter explained that: The Division's determination is based upon a decision handed down [o]n … WORK SHOULD NOT DISQUALIFY HIM FROM PERS. POINT IV: THE DETERMINATION BY PERS TO INCLUDE [HAMILTON'S] POST-RETIREMENT … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. Thus, on appeal, our …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … both probable cause and an objective exigency is simply not supported by the record. We accept Detective Souto and other …
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… resolution (the Resolution) denying the application was supported by the evidence and was not arbitrary, capricious, … site is reconcilable with the municipality's legislative determination that the condition should be imposed on all … under a (d)(3) analysis. The Board's findings were fully supported by the record. Plaintiff clearly did not satisfy …
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… of action for slander of title; and the fee award was not supported by the record. The judge tried counts one and two … did not establish a slander of title claim that would support the entry of summary judgment against plaintiff. …
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… contend the certification submitted by the owner in support of the motion to vacate lacks sufficient personal … rescue scam case. Id. at 196-97. III. "The trial court's determination under [Rule 4:50-1] warrants substantial … its odometer had been rolled back. We noted in Romano, "[d]etermination of what constitutes an 'ascertainable loss' …
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… In one sentence in her twelve-page certification in support of her cross-motion, defendant describes plaintiff's … . . . outrageous." In defense counsel's certification in support of the cross-motion, he stated plaintiff's counsel … (quoting Cavallaro, 334 N.J. Super. at 572). Because the determination of whether counsel should be disqualified …
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… I. Morad1 presented the following facts in his affidavit supporting his motion for leave to file a late notice of … 164 N.J. at 123. We review de novo the trial court's determination of an accrual date. Manalapan Realty, LP v. Twp. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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… and case law." The Board added: Having reached this determination, the Board specifically notes the hangars in … items 'not accompanied by airplanes and the like.'" In support of its application, WPF relied in part on a 2016 … The court rejected WPF's argument because (1) the Board's determination about a variance, absent the bias, is "pure …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … with a de novo review of the trial court's initial determination that the protections of the Statute do not apply … In particular, defendant challenges the trial court's determination that his actions in resisting the pat-down …
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… both parties cite the majority opinion in McNeil-Thomas to support their counterarguments on appeal. In McNeil-Thomas, … See State v. Greene, 242 N.J. 530, 548 (2020). A-4156-19 17 support in prior decisions. See State v. Boston, 469 N.J. …