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njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … question the concurrent findings of fact and credibility determinations on this subject made by the municipal court … N.J. at 140. The Chun Court noted the enumerated documents supporting the test, which include those defendant now …
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njcourts.gov
… State does not dispute the claim in its brief. 2 Financial supports the claim that defendant appeared in court by …
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njcourts.gov
… of his reasonable expectations. The record does not support his disingenuous claim that he reasonably expected …
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njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, 192 …
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njcourts.gov
… are entitled to deference on appeal so long as they are supported by sufficient credible evidence in the record. …
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njcourts.gov
… DEFENDANT HAD COMMITTED A CRIME. Because the motion record supports the judge's findings of fact, and because his … The deference extends to the trial court's credibility determinations. Ibid. We owe no special deference, however, to …
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njcourts.gov
… with the DCA. We "review[] de novo the trial court's determination of the motion to dismiss under Rule 4:6-2(e)." … exhibits. See R. 4:67-2(a) (requiring a complaint in support of an order to show cause be "verified by affidavit …
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njcourts.gov
… unless "a defendant has presented a prima facie [case] in support of post-conviction relief." State v. Marshall, 148 …
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njcourts.gov
… were no genuine issues of material fact. The record did not support defendant's claim that plaintiff acquired his …
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njcourts.gov
… deference to a trial judge's findings of fact when they are supported by credible evidence. Rova Farms Resort, Inc. v. … case with claims based in both law and equity requires a determination as to whether the claims are separable or … Inc., 253 N.J. Super. 515, 527-28 (App. Div. 1991). This determination must be made with "a sensitive regard for the …
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njcourts.gov
… ." The judge stated that the limited discovery in this case supported his decision because the litigation was "somewhat … We review the court's decision de novo, as it was a legal determination. Cole, 215 N.J. at 275. The facts are … the arbitration clause. See id. at 276-77. In making the determination, we apply a fact-sensitive totality of the …
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njcourts.gov
… processes in India, she advised she could not make a determination at that time. The judge said she would look at … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on … their own counsel fees and is responsible to do so." This determination is equally applicable to the issue of the …
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njcourts.gov
… the location of the failure consists of six (6) balusters supporting a continuous [capstone] spanning horizontal from …
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njcourts.gov
… novo standard of review when reviewing a motion judge's determination of the enforceability of a contract. Goffe v. … unrepresented parties. Plaintiffs provide further support for their argument by contrasting the arbitration …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … rightly affords to the trial judges," and disturb such determinations only where the court abused its discretion. … not accord the same deference to a trial judge's legal determinations. . . . Rather, all legal issues are reviewed de …
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njcourts.gov
… was warranted "based on newly discovered evidence." In a supporting certification, defendant stated, Although I was …
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njcourts.gov
… at 690. Counsel's strategic decisions do not, in hindsight, support claims of 5 A-5839-17T4 constitutionally inadequate …
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njcourts.gov
… render him incapable of posing a threat of violence. To support her conclusion, the judge cited the DOC's recent …
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njcourts.gov
… A-0960-17T4 The substantial credible evidence in the record supported the Law Division judge's findings and proved each …
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njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … we discern no basis for disturbing Judge de la Carrera's determination that defendant failed to satisfy the Strickland …