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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 147 (citing McDade, 208 N.J. at 473-74). 16 A-4543-17T1 In support of their motion to file a late notice, plaintiffs … We discern no abuse of discretion in the trial court's determination that such contentions do not constitute …
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… R. 5 A-0540-17T3 4:49-1(a). Although we must make our own determination of whether the jury's verdict resulted in a … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… Amendment, he limits his reliance to New Jersey case law to support his claim. 11 A-5041-16T2 constitutional … unfair circumstances that have garnered past judicial support for application of the doctrine of fundamental …
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… "any 9 A-0556-17T1 class or race-based motive which would support a Section 1985(3) claim," and therefore granted … on the same standard that governs the motion judge's determination." RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of action. That is because without a factual and legal determination that the individual defendants either used …
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… California v. Beheler, 463 U.S. 1121, 1125 (1983)). The determination of whether a person is in custody is an … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … not coercive. Sufficient credible evidence in the record supports the trial court's finding that defendant was not …
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… duty in this instance. Our jurisprudence does not support a duty for a commercial landowner to maintain … snowstorm, such as defendant here, lacks merit, and is unsupported by statute and case law. In support of its position, defendant relies upon Hill v. Saint …
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… will "not be disturbed unless 'they are so wholly insupportable as to result in a denial of justice[.]'" Rova … of a reasonable person." Ibid. To guide courts in the determination of whether a condition rises to the level of … defendant. There is sufficient credible evidence to support that finding. Although the trial court did not …
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… lawsuit, she claimed $55,000 in damages, which is not supported by any documentary evidence in the record. At oral … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … fun and imaginative environments for, and with, their children." Id. at 80-81. When the plaintiff saw an …
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… of the charge. The jury was free to make their own determination as to what they believe the substance of that … the truth and hindering a free flow of information." In support of this argument, defendant cites to State v. … oral opinion, and further add that defendant provides no support for his assertion that if K.B. testified …
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… conclusion was consistent with the applicable law and supported by ample evidence in the record. When defendant … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." …
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… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
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… court's fact-finding should be upheld unless it is not supported by "adequate, substantial and credible" evidence. … to the PDVA, a trial court must make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … acts or threats of violence. Id. at 127. In reaching that determination, there must be a finding that "relief is …
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… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … courts serve in ratifying plea agreements lends additional support to the principle that appellate courts owe deference … especially because the Law Division judge's ruling finds support by what is not in the record. Specifically, the …
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… from the accident and plaintiff's medical records did not support that he was asymptomatic prior to the accident. … abused its discretion, we will not reverse an evidentiary determination unless we conclude it "was so wide of the mark … Pursuant to N.J.R.E. 607, "for the purpose of impairing or supporting the credibility of a witness, any party . . . may …
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… the sound discretion of the trial court. As a discovery determination, a trial court's grant or denial of a motion to … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the … of the sidewalk at the time of her fall. No evidence supported plaintiff's argument the uneven portion of the …
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… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … $55,500 for its work at Lanes Mill. However, the judge's determination that Steven adequately demonstrated that Jupiter was due the lesser amount is supported by sufficient credible evidence in the record and, …
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… representations made by defense counsel at oral argument unsupported by defendant's expert, and on the unsupported supposition the vehicle that was the alleged lemon … the vehicle "has been sold back to FIAT" and she attached supporting documents evidencing the car had been sold back …
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… She waited in the waiting area. There is no evidence to support a finding that she was excluded from the … the police told [d]efendant he was lying is insufficient to support a finding that [d]efendant's statement was not made … Harris confess by appealing to Harris' desire to raise his children. Ibid. Additionally, we found the timing of Harris' …
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… information about criminal activity prior to making any determination to recommend a reduction of the previously … a prosecutor may not be arbitrary or capricious in that determination." Id. at 228. "Although the [Gerns] hearing must … not fall under the Cooperation Agreement. The record fully supports the trial court's determination that defendant did …