
Filters
- A-4642-18 Opinionnjcourts.gov… Super. 595 (App. Div. 2016), upon which defendant relies to support his argument, the answer, "yes," is circled in … N.J. 434, 457 (1994). We also concur with the PCR judge's determination that defendant's petition was time barred. A …
- A-3085-18 Opinionnjcourts.gov… involving at least nine female victims, some of them young children. He was first tried by a jury on four counts … and otherwise lacked merit. Noting defendant failed to support his petition with documentary evidence establishing …
- A-1166-18T3 Opinionnjcourts.gov… in which it alleged that plaintiff engaged in fraud. In support of its fraud claim, defendant asserted that … that it arguably could not control." In making this determination, the judge relied on Mancini v. EDS ex rel New …
- A-1954-17T3 Opinionnjcourts.gov… in Fort Lee, and its associated deposits, to Investors. In support of its summary judgment motion, Investors submitted …
- A-3382-16T4 Opinionnjcourts.gov… that Dr. Berman was utilized with regard to PIP benefit determinations "does not automatically somehow make him … opined as to causation. Defendants presented evidence in support of their contention that plaintiff's injuries were …
- A-2895-17T4 Opinionnjcourts.gov… (App. Div. 2000). "Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … a fishing expedition. Plaintiff offered no facts – only unsupported assertions – for his theory defendants were so … makes more or less likely a fact of consequence to the determination of the action. The trial court has not explained …
- A-2853-16T2 Opinionnjcourts.gov… purported to disinherit one of John F. Piazza's three children. We affirm the February 10, 2017 order. John F. … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … Barbara cites In re Estate of Sapery, 28 N.J. 599 (1959) to support her claim. The issue there was whether a codicil …
- A-3577-16T1 Opinionnjcourts.gov… PCR petition if he or she establishes a prima facie case in support of the petition. R. 3:22-10(b). As defendant cannot …
- A-0201-18T2 Opinionnjcourts.gov… the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" …
- A-3664-17T1 Opinionnjcourts.gov… only upon the establishment of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- A-0641-17T4 Opinionnjcourts.gov… the presentation of proofs at trial must make credibility determinations about the parties' 9 A-0641-17T4 testimony. … by rejecting his proof of damages. We disagree. "Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- A-0144-18T4 Opinionnjcourts.gov… case correctly found that there was no evidence that would support tolling the statutes of limitations. Plaintiff has … the First Action. We see no basis for reconsidering that determination. Affirmed. … a0144-18.pdf … A-0144-18T4 …
- A-2136-17T4 Opinionnjcourts.gov… requirements. Review of an administrative agency final determination is limited. In re Carter, 191 N.J. 474, 482 … agency is arbitrary, capricious, or unreasonable, or is not supported by substantial credible evidence in the record as …
- A-3723-16T4 Opinionnjcourts.gov… that defense counsel was "in control" of the case were supported by the record. As to plaintiff's remaining …
- A-2621-17T2 Opinionnjcourts.gov… as to [p]laintiff. The record on summary judgment does not support the broad duty advocated by [p]laintiff. First, … court] affords no special deference to the legal determinations of the trial court." Templo, 224 N.J. at 199. … policy[]" and notions of fairness was essential to the determination of a duty). The Supreme Court has established …
- A-4599-16T4 Opinionnjcourts.gov… 2C:5-1 and N.J.S.A. 2C:35-10(a)(1). 6 A-4599-16T4 are supported by sufficient credible evidence in the record." … 181 N.J. 13, 19-20 (2004). "The principal components of a determination of reasonable suspicion . . . [are] the events … we discern no basis for disturbing the judge's determination that the police properly conducted an …
- A-0772-17T1 Opinionnjcourts.gov… The judge determined plaintiff proved her case in support of an FRO by a preponderance of the evidence, and a … issuance of the FRO was based, in part, on credibility determinations, it was essential that defendant be granted …
- A-2125-16T4 Opinionnjcourts.gov… at trial. Nor is there any evidence in the record to support a conclusion that had defendant testified at the …
- A-0055-17T2 Opinionnjcourts.gov… Her argument that using the path was safer was not supported. Based on the lack of duty, defendants' argument …
- A-0958-17T2 Opinionnjcourts.gov… The trial court made factual assumptions that were not supported in the record. There was no evidence, for …