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… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …
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… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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… 23, 2019, defendant filed his petition for PCR and a supporting certification dated January 9, 2019. In his … his parents to challenge James' credibility. In further support of his PCR petition, defendant filed a June 20, 2019 … hearing, we review the judge's legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …
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… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
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… Observation During the Testing Process[.] 3. Credibility Determinations Weigh in Favor of Appellant[.] On appeal, we … 157 N.J. 463, 471 (1999); but our review of legal determinations is plenary, see State v. Handy, 206 N.J. 39, 45 … written decisions both before and after remand, are well supported by the record. The municipal court judge, in …
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… ANY OF THE COUNTS, AND FAILING TO FIND OR EVEN ADDRESS SUPPORTED MITIGATING FACTORS RAISED BY TRIAL COUNSEL. A. … in State v. Eli, explaining why the evidence reasonably supported defendant's father's conviction for escape. Eli, …
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… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
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… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
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… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
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… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … was not equipped with code complaint handrails to help her support herself or arrest her fall." After Karen got up, she … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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… or modifications and any attachments, addenda or other supporting documents." 4 A-1984-20 The Terms and Conditions … 216 N.J. 1, stay denied, 216 N.J. 314 (2013). Without a determination of whether this was or was not a prevailing wage … motion, asserting it filed a "reply letter brief in further support" of that motion. As parties are prohibited from …
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… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … by undue means, nor contrary to law. We find it fully supportable in the record. Policemen's Benevolent Ass'n, 205 …
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… and pressure redistributing support" to prevent the development and deterioration of … was not required to solely point to an academic treatise to support her opinions and instead may rely on applicable … are genuine issues of material fact that require a jury's determination. Dr. Soiferman acknowledged that decedent's …
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… whether the facts and circumstances shown by the evidence support an inference [of defendant's guilt.]" The jury found … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Nevertheless, even … persuaded, and our review of the cases does not reveal any support for such a proposition. In Mathis and Terrell, we …
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… its review, the three-member panel concluded "the factors supporting the denial of parole[] are of such a serious … The Board affirmed the two-member panel's January 3, 2018 determination denying parole and the three-member panel's … assessing [his] case, concur[red] with the Board panel's determination to deny parole." The Board also agreed with the …
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… described the crime and characterized the evidence supporting guilt as follows: Nineteen-year-old Elizabeth Ann … considered defendant's age, intellectual disability, early childhood emotional and physical trauma, and substance abuse … convicted of homicide but reaffirmed and expanded its determination in Graham [v. Florida, 560 U.S. 48 (2010)] that …
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… court's decision so long as those findings are 10 A-3899-19 supported by sufficient credible evidence in the record." … raw marijuana is detected, probable cause has been found to support even a warrantless search of a vehicle's trunk when …
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… accepting A-1095-16T3 9 as true all the evidence which supports the position of the party defending against the … negligence per se. The Court observed: Ordinarily, the determination that a party has violated a statutory duty of … to plaintiff. The testimony from plaintiff's expert fully supported their contention that defendants owed plaintiff a …