njcourts.gov
… in its legal analysis; and (5) plaintiffs' position was supported by an expert report. II. We review a grant of … 214 N.J. 303, 322 (2013). We review a trial court's determination of that 14 A-3809-21 question de novo. … agent at ORI. In addition, we agree with Judge Sheedy's determination that Next Medical did not owe a duty of care to …
njcourts.gov
… to the fourth lease amendment was $36,758.40. Defendants supported their calculation of the amount owed from language … Rather, this court will review anew the summary judgment determination on appeal. Id. In deciding motions for summary … also R. 4:46-2. The type of evidence considered in such determinations includes answers to interrogatories, …
njcourts.gov
… defendant's arrest to the start of the trial along with supporting documentary evidence. Defendant filed a brief. … factors 10 A-3756-21 is not conclusive of the ultimate determination of whether the right has been violated." Id. at … (App. Div. 2002). "We reverse only if the [trial] court's determination is clearly erroneous." Tsetsekas, 411 N.J. …
njcourts.gov
… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Pierre, 221 N.J. 36, 52 (2015). "As a discovery determination, a trial court's grant or denial of a motion to …
default
… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
default
… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
default
… may be held liable for risks that would be too remote to support liability at common law. See Stevens, 356 N.J. … 1980) (holding that x-ray exposure was a "physical contact" supporting recovery for emotional suffering where immediate …
default
… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
default
… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
default
… did not file a direct appeal from any of the Board's determinations. In February 2016, defendant filed his petition for PCR. In support of his petition, defendant alleged that his trial … question or disturb the judge's well-founded credibility determinations. Ibid. Therefore, the judge properly rejected …
default
… unable to walk, that is, he was swaying and grasping for support. His legs sagged, he staggered, and he moved in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … recusal motion, the JMC denied he had made any veracity determination in the context of sustaining defendant's …
default
… it did not constitute a marital asset. He noted that Vann's supporting certification did not mention the PSA or provide … after year since 1993." Warner presented no evidence to support his claim. Once the parties got divorced, he acted …
default
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
default
… the March 23, 2016 accident. Evanston made two arguments in support of summary judgment. First, it argued that the … of A&R. In opposing Evanston's motion, and in support of his request for a declaratory judgment, Sharkey …
njcourts.gov
… "when the stated 'findings were mistaken[,] . . . the determination could not reasonably have been reached on … findings of the judge are binding on appeal if they are "supported by adequate, substantial and credible evidence." … and records. Thus, the judge's findings were adequately supported in the record. Lastly, defendant's argument that …
njcourts.gov
… its own software unique to that agency, with OIT providing support as necessary." Id. at 4-5. That change, accomplished … to find isolated phrases in the past executive orders to support each of those disparate views of the history of IT …
njcourts.gov
… to the alleged dangerous condition on the premises. In support of his argument, plaintiff cites Monaco v. Hartz … for maintenance and repair of the demised premises. In support of that contention, plaintiff relied upon the …
njcourts.gov
… use of the 3DMax. Rather, the court held plaintiff's proofs supported the mere possibility, rather than a reasonable … found that plaintiff provided insufficient evidence to support the negligent warning claim. In order to establish a … requisite knowledge, training and experience to reach a determination relative to the standard of care absent expert …
njcourts.gov
… standard: 'if, accepting as true all the evidence which supports the position of the party defending against the … fault should be submitted to the factfinder for determination." Del Tufo v. Twp. of Old Bridge, 147 N.J. 90, … him. The photographic evidence and damage to the vehicles supported plaintiff's proofs that defendant turned left in …
njcourts.gov
… this case for trial. I. Defendant is married and has seven children, one of whom, a minor, lived with defendant and his … Division held "the spirit and policy of the rule certainly support our determination that a judge who denies an applicant's appeal …