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… to arbitrate coverage disputes under the policy. In support of its argument, JIF relied on the following … apply a de novo standard of review to the trial court's determination of the enforceability of a contract provision. … and remand for resolution of JIF's motion based on a determination of whether JIF and the municipality agreed by …
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… when a trial court makes "findings inconsistent with or unsupported by competent evidence," utilizes "irrelevant or … and balanced the Priester factors. Its findings are supported by the record. We discern no abuse of discretion. …
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… vehicle. They point to several undisputed facts supporting their contention, including the close … to plaintiffs, we part company with the motion judge's determination that a rational jury could draw inferences from …
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… have a duty imposed here. Moreover, the facts on the record support that Magyar may well hold title to the property. A … to lose her balance and, subsequently, fall. Since the determination of that fact would have substantial bearing on …
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… We agree with the PCR court that these arguments do not support a claim for ineffective assistance. The argument …
njcourts.gov
… 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be filed to "the … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the …
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… we defer to a PCR court's factual findings "when supported by adequate, substantial and credible evidence." …
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… found that any argument that a court should not make that determination was at best supported only with ambiguous language that did not clearly … contrary to defendant's concerns on appeal, the judge's determination did not resolve any question about the …
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… the underinsured motorist carrier 30 days to make a determination with regards to its subrogation rights against … claim. No discovery was warranted. The undisputed facts support summary judgment in NJM's favor. Plaintiff's …
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… Halligan. In essence, it was only the Bederson report that supported these figures. Further, the Bederson report was …
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… The State sought to use the officer's testimony to support defendant's identification in connection with the …
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… A-4548-19 "it is apparent" from his "certification . . . in support of his petition" that due to his attorney's … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." …
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… we should remand the case to the trial court for a determination of reasonable counsel fees to be awarded … We thus undertake plenary review of the trial court's determination that the documents requested pursuant to OPRA … the attorney-client privilege. The record simply does not support that finding. Our careful review of the unredacted …
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… principles in his orders and reached the appropriate determination based on the undisputed facts . I We discern the … in plaintiff's favor, Judge Skrod's reasoning was supported by credible evidence in the record and is …
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… Because the trial court conducted a thorough and factually supported analysis of the Barker v. Wingo1 factors, we … 5 A-3659-20 633, 644 (App. Div. 2021). A trial judge's determination that a defendant's right to a speedy trial was violated will only be reversed if that determination is clearly erroneous. State v. Tsetsekas, 411 …
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… that the facts on record were insufficient to support a conclusive analysis of whether there was excusable …
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… court does not know whether the judge's decision is supported by the facts and law or is the product of …
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… for non-teaching duties based on "an educational policy determination centered on reducing student and program … or programmatic work even if such work is intended to support departmental goals and objectives." The arbitrator …
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… of Rev., 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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… to the trial court's factual findings . . . 'when supported by adequate, substantial and credible evidence.'" … verdict. We have no basis upon which to overturn that determination. This is not a situation in which the alleged …