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- A-0962-16T2 Opinionnjcourts.gov… jury. Brown v. Brown, 86 N.J. 565, 580 (1981). However, a determination of palpable unreasonableness, "like any other … of Repair Due to Tree Roots; Costs Assumed by Township" in support of his argument. The provision cited by plaintiff …
- A-5374-15T1 Opinionnjcourts.gov… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- A-4965-15T3 Opinionnjcourts.gov… and are not stale because the same facts are required to support the affirmative relief sought by both parties. In …
- A-0660-16T4 Opinionnjcourts.gov… and the other jurors may have been incentivized to support juror number nine in finding defendant guilty are …
- A-0031-23 – STATE OF NEW JERSEY VS. ANTHONY C. BARBATO (MA 23-005, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious …
- A-0393-23 – JEAN-PHILIPPE DIERO VS. ERIC S. KIM, ET AL. (L-1178-22, MERCER COUNTY AND STATEWIDE) Opinionnjcourts.gov… file a timely certification, courts make a discretionary determination "to choose a response that is proportionate to … its minimal requirement of a treating doctor certification support the conclusions reached by 9 A-0393-23 the motion …
- njcourts.gov… it is arbitrary, capricious or unreasonable[,] or not supported by substantial credible evidence in the record." … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … to S. 2519 1 (Sept. 22, 2020). The Legislature's determination that certain individuals would be awarded PHE …
- njcourts.gov… noting "the judge's credibility findings were sufficiently supported in the record to be afforded substantial … defendant filed a second PCR petition and moved for a determination of good cause for the assignment of counsel. In … claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
- njcourts.gov… 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 …
- njcourts.gov… plaintiff cannot rely on her self-serving assertion to support an equitable estoppel claim. See Fredericks v. …
- njcourts.gov… 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 …
- A-3838-22 – STEVEN BAGLIVO VS. KIMBERLY A. BAGLIVO (FM-01-0938-08, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… are properly in the Law Division and defendants did not support their motion to dismiss with competent or sufficient …
- A-1554-21 - STATE OF NEW JERSEY VS. SPENCER S. YOUNG (14-03-0459, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… and further muttered other inaudible words that did not support a factual finding consistent with defendant's …
- njcourts.gov… 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 …
- njcourts.gov… FAIRNESS TO ALL PARTIES, AND THE INTERESTS OF JUSTICE TO SUPPORT ITS DECISION TO STAY SOME, BUT NOT ALL OF THE …
- A-3182-21 – STATE OF NEW JERSEY VS. MICHAEL W. SANDERS (16-10-2408, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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." …
- njcourts.gov… of John Briseno certainly provided an adequate basis to support the entry of the motion for summary judgment and the …
- njcourts.gov… argument is that Wilcox's certification was inadequate to support summary judgment, and plaintiff should have been …
- A-1481-21 – PAUL KRAVITS VS. PRINCETON BLUE, INC., ET AL. (L-1172-21, MERCER COUNTY AND STATEWIDE) Opinionnjcourts.gov… dismiss the amended complaint and set forth legal arguments supporting his contention that the amended complaint stated …