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… trace defendant's allegations rather than just accept her unsupported conclusions. Rather, defendant has left the court … The judge set forth his factual findings and credibility determinations in substantial detail and incorporated those … 289 (1994). We see no reason to disturb Judge Podolnick's determination that defendant has not proved any fraud or …
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… her favor. We reject plaintiff's argument because it is not supported by the record. The TCA "indisputably governs … 119, 123 (2001) (citation omitted). Nonetheless, that determination is subject to the court's preliminary assessment …
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… plaintiff's claims for emotional distress, which were unsupported by an expert report and therefore subject to … of that claim. However, we part ways with the court's determination plaintiff needed documentation of a medical … support of a claim for pain and suffering because it is a determination reserved for the jury. "No expert can properly …
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… plaintiff cannot rely on her self-serving assertion to support an equitable estoppel claim. See Fredericks v. …
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… We are bound by the trial court's findings if they are supported by adequate, substantial, credible evidence. G.M., … the present matter, the court did not make the threshold determination of whether defendant set forth a prima facie … to a different Family Part judge, because credibility determinations were made by the trial judge. See Freedman v. …
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… provided a true copy of the assignment of mortgage in support of its motions for summary judgment and final …
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… plaintiffs' claim there are genuine issues of material fact supporting a finding 9 A-2450-22 of liability under the …
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… a State prison sentence for weapons possession, which supports the reasonable necessity for physically restraining …
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… could not reasonably have discovered, the factual predicate supporting his claim of ineffective assistance of first PCR …
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… unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … except upon the basis of a carefully reasoned and factually supported (and articulated) determination . . . that the continued viability of the …
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… . . . the words written in" the affidavit she submitted in support of defendant's PCR petition. The judge also …
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… of daily living. Plaintiff argues the video was relevant to support her claim for future medical costs and the pain, …
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… arbitrary, capricious, and unreasonable, in addition to unsupported by the evidence in the record. We affirm. The … of the violations. The Board concurred with the panel's determination that DeFilipo had "seriously violated his … imposition of a thirteen-month FET. Our review of parole determinations is limited to whether the Board acted …
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… relies on N.J.S.A. 46:3-17 to -17.5 (the Tenancy Act), to support his position that the creditor of one spouse cannot … to Margaret so as to avoid turnover. We review the legal determinations of the trial court de novo. "[A] trial court's …
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… FAIRNESS TO ALL PARTIES, AND THE INTERESTS OF JUSTICE TO SUPPORT ITS DECISION TO STAY SOME, BUT NOT ALL OF THE …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
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… dismiss the amended complaint and set forth legal arguments supporting his contention that the amended complaint stated …
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… argument is that Wilcox's certification was inadequate to support summary judgment, and plaintiff should have been …
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… of John Briseno certainly provided an adequate basis to support the entry of the motion for summary judgment and the …
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… and further muttered other inaudible words that did not support a factual finding consistent with defendant's …