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njcourts.gov
… was not a "natural" condition on the land). We see no legal support for John's contention that the piñata was an … whether the incident was objectively foreseeable. Such a determination is for the jury to decide using the ordinary … matters implicated in the motion, including the reasons in support of the denial, are not precluded"). The law of the …
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njcourts.gov
… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
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njcourts.gov
… contribution fees. The motion, which defendant opposed, was supported by a certification from Holiday City's counsel … XI, § 101.1. (emphasis added).] In these appeals, Berkeley supports Holiday City's argument that only persons …
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njcourts.gov
… information about criminal activity prior to making any determination to recommend a reduction of the previously … a prosecutor may not be arbitrary or capricious in that determination." Id. at 228. "Although the [Gerns] hearing must … not fall under the Cooperation Agreement. The record fully supports the trial court's determination that defendant did …
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njcourts.gov
… that she was in fear for her life and the lives of her children. The complaint also alleged that P.C. texted J.P.Q. … J.P.Q. moved for summary judgment. In an affidavit supporting her motion, she averred that she filed the … certainly be extreme and outrageous. Again, the judicial determination that the testimony was credible, coupled with …
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njcourts.gov
… the trial court's decision so long as the findings are supported by sufficient credible evidence in the record." … to suppress must evaluate whether the trial court's determination is "so clearly mistaken 'that the interests of … Elders, 192 N.J. at 244). A trial court's factual determinations are entitled to deference because "those …
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njcourts.gov
… to seek review of cognizable trial court orders or determinations — by identifying them in the notice of appeal — … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … The judge's factual findings and legal conclusions are well supported on this record. Accordingly, we are satisfied he …
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njcourts.gov
… should not engage in a 6 A-2490-19 strained construction to support the imposition of liability." Id. at 442 (quoting … other things, he undertook to observe: piping materials, supports, and insulation; leaks; "[h]ot water systems …
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njcourts.gov
… be vacated pursuant to Rule 4:50-1 (a), (c) and (d). In support of its position, Fairways argued the judgment was … only the validity of Section 30. The court made no determination with respect to the validity of the remaining … not the doctrine requires judicial action is an equitable determination, subject to the trial court's discretion. Oliver …
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njcourts.gov
… for the practice of dentistry, the Board 's final agency determinations, when issued, are entitled to our deference. … the practice of dentistry." The NJDA further argued that determinations on the scope of the practice of dentistry were … record or in any minutes of the Board which would support the conclusion that the techniques and/or …
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njcourts.gov
… defendant moved to dismiss the complaint 1 Much later, in support of her motion to dismiss plaintiff's complaint, … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … a posture right now that decisions can be made or . . . determinations can be made as to how this case will proceed." …
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njcourts.gov
… She waited in the waiting area. There is no evidence to support a finding that she was excluded from the … the police told [d]efendant he was lying is insufficient to support a finding that [d]efendant's statement was not made … Harris confess by appealing to Harris' desire to raise his children. Ibid. Additionally, we found the timing of Harris' …
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njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 147 (citing McDade, 208 N.J. at 473-74). 16 A-4543-17T1 In support of their motion to file a late notice, plaintiffs … We discern no abuse of discretion in the trial court's determination that such contentions do not constitute …
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njcourts.gov
… R. 5 A-0540-17T3 4:49-1(a). Although we must make our own determination of whether the jury's verdict resulted in a … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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njcourts.gov
… "any 9 A-0556-17T1 class or race-based motive which would support a Section 1985(3) claim," and therefore granted … on the same standard that governs the motion judge's determination." RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of action. That is because without a factual and legal determination that the individual defendants either used …
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njcourts.gov
… Amendment, he limits his reliance to New Jersey case law to support his claim. 11 A-5041-16T2 constitutional … unfair circumstances that have garnered past judicial support for application of the doctrine of fundamental …
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njcourts.gov
… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
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njcourts.gov
… he sought. The judge made no specific findings of facts supporting this decision, and merely stated that he had … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … concluded, CURE presented no non-speculative evidence supporting its claim that it was prejudiced by Arnala's late …
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njcourts.gov
… lived upstairs with defendant's sister Carolyn and her children. At the time of the incident, the real estate taxes … testimony from an accident reconstruction expert to support the theory that defendant's truck struck the RV … both before and after the incident, were admitted to support the State's theory that defendant murdered …
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njcourts.gov
… sought the exception nor did defendant's circumstances support the judge making the referral to the Assignment … unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 …