Filters
- njcourts.gov… that she was in fear for her life and the lives of her children. The complaint also alleged that P.C. texted J.P.Q. … J.P.Q. moved for summary judgment. In an affidavit supporting her motion, she averred that she filed the … certainly be extreme and outrageous. Again, the judicial determination that the testimony was credible, coupled with …
- KELLY WILLIAMS VS. GLUCK, TOBIN, ESQS, ET AL. (L-4165-17, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to seek review of cognizable trial court orders or determinations — by identifying them in the notice of appeal — … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … The judge's factual findings and legal conclusions are well supported on this record. Accordingly, we are satisfied he …
- njcourts.gov… should not engage in a 6 A-2490-19 strained construction to support the imposition of liability." Id. at 442 (quoting … other things, he undertook to observe: piping materials, supports, and insulation; leaks; "[h]ot water systems …
- STATE OF NEW JERSEY VS. EARL L. BARLEY (19-06-1414, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court's decision so long as the findings are supported by sufficient credible evidence in the record." … to suppress must evaluate whether the trial court's determination is "so clearly mistaken 'that the interests of … Elders, 192 N.J. at 244). A trial court's factual determinations are entitled to deference because "those …
- njcourts.gov… be vacated pursuant to Rule 4:50-1 (a), (c) and (d). In support of its position, Fairways argued the judgment was … only the validity of Section 30. The court made no determination with respect to the validity of the remaining … not the doctrine requires judicial action is an equitable determination, subject to the trial court's discretion. Oliver …
- njcourts.gov… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … The 16 A-2853-19 Supreme Court's decision in that case supports the Arbitrator's award and the Chancery judge's …
- BRENDA HOPPER VS. LEXUS OF EDISON, ET AL. (L-3162-18, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… defendant moved to dismiss the complaint 1 Much later, in support of her motion to dismiss plaintiff's complaint, … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … a posture right now that decisions can be made or . . . determinations can be made as to how this case will proceed." …
- njcourts.gov… for the practice of dentistry, the Board 's final agency determinations, when issued, are entitled to our deference. … the practice of dentistry." The NJDA further argued that determinations on the scope of the practice of dentistry were … record or in any minutes of the Board which would support the conclusion that the techniques and/or …
- njcourts.gov… contribution fees. The motion, which defendant opposed, was supported by a certification from Holiday City's counsel … XI, § 101.1. (emphasis added).] In these appeals, Berkeley supports Holiday City's argument that only persons …
- njcourts.gov… State v. Rodriguez, 365 N.J. Super. 38 (App. Div. 2003), in support of his argument is misplaced. In Rodriguez, the … error as there was overwhelming evidence in this case to support the jury's guilty verdict. Because we reject each of …
- MARCH MCKNIGHT, JR. VS. MERRI MCKNIGHT (FM-07-16154-94, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 154 N.J. 394, 411 (1998). "[W]e do not overturn those determinations unless the court abused its discretion, failed … legal principles or made findings inconsistent with or unsupported by competent evidence." Storey v. Storey, 373 N.J. … 154 N.J. at 413. We must defer to the judge's factual determinations, so long as they are supported by substantial …
- njcourts.gov… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
- njcourts.gov… most favorable to the petitioner, there is prima facie support for post-conviction relief. R. 3:22-10(b). To … reasonable strategic choice. Such strategic choices do not support a finding of deficient performance. Fritz, 105 N.J. … severance under 5 The State has not cross-appealed that determination. 18 A-3905-19 the case law would have …
- njcourts.gov… He also described being evaluated in 2009 resulting in a determination that he was "not competent" but reevaluated two … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … counsel to plead guilty and to not withdraw his plea are unsupported by the record. In defendant's pro se PCR petition, …
- njcourts.gov… the repayment of these loans. The promise to repay was supported by mortgages held by the bank on defendants' … due the bank. His predecessor also did not make this determination but he came the closest when he found, as … we, however, now recognize the need for a precise determination. Until there is a definitive finding about what …
- njcourts.gov… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones, 230 N.J. at … substantial compliance factors identified in Galik do not support a finding of substantial compliance by the Board. … deficiencies of the August 2, 2018 letter are too great to support the application of a substantial compliance …
- njcourts.gov… do not disturb a trial judge's factual findings if they are supported by adequate, substantial, and credible evidence. … information, not as a trade secret. Although the determination of whether information constitutes a trade … at 169, confidentiality is not a required element for a determination that information is proprietary, Rousseau, 417 …
- STACI PIECH VS. GLENN LAYENDECKER, ET AL. (L-3473-14, MIDDLESEX COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… was not a "natural" condition on the land). We see no legal support for John's contention that the piñata was an … whether the incident was objectively foreseeable. Such a determination is for the jury to decide using the ordinary … matters implicated in the motion, including the reasons in support of the denial, are not precluded"). The law of the …
- njcourts.gov… Nacamuli and Hawke. Our review of a trial court's legal determination is plenary. D'Agostino v. Maldonado, 216 N.J. … or damage from animals. The statutory language does not support this cramped application. Merely because the statute … Anderson LLP v. Carlisle, 556 U.S. 624, 631 (2009) in support of the trial court's order requiring plaintiff to …
- njcourts.gov… in her taxi at the time of the accident – a woman and two children. Because Calopina's passengers left the scene of … judgment action against KnightBrook, seeking a judicial determination KnightBrook had an obligation to defend and … the second Hager variable superfluous. The facts in Hager support this distinction between the two variables. In …