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- A-0505-18T1 Opinionnjcourts.gov… curative instruction was given. We found the record did not support the claim of ineffective assistance of counsel. …
- A-4757-18 Opinionnjcourts.gov… by Jones. Jones testified that he had known defendant since childhood. On June 12, 2017, defendant picked Jones up in … result." R. 2:10-2. B. The Sentence We review sentencing determinations under a deferential standard. State v. Grate, … on the aggravating and mitigating factors are supported by the record. The court also outlined the basis …
- A-0223-19 Opinionnjcourts.gov… Cayres claimed the 2017 certification rebutted the DEP's determination that their application was deficient for failure … we employ a de novo standard of review to an agency's determination that there are no genuine issues of material … capricious or unreasonable, or that it lacked fair support in the evidence, or that it violated a legislative …
- A-0384-19 Opinionnjcourts.gov… the time of the 1928 transfer. However, we find sufficient support in the record for the trial court's conclusion that …
- A-1492-19 Opinionnjcourts.gov… and emails were introduced by both parties that clearly supported the judge's finding that the parties had a … towards . . . [p]laintiff," in front of plaintiff's children, in public, and in private settings, he concluded … 12 A-1492-19 154 N.J. 394, 412 (1998). Credibility determinations should stand unless "'clearly mistaken' or …
- A-2813-18T1 Opinionnjcourts.gov… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the facts." Id. at 49. Our review of a court's "legal determinations is plenary." State v. Handy, 206 N.J. 39, 45 … State v. Nunnally, 420 N.J. Super. 58 (App. Div. 2011), to support his claim the summons should be dismissed because …
- A-4900-15T2 Opinionnjcourts.gov… the initial Carfagno application, reversed its initial determination plaintiff was validly served with defendant's 3 … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … reason to interact; specifically, because they did not have children and both were in committed relationships. The court …
- A-5582-15T3 Opinionnjcourts.gov… to prove or disprove any fact of consequence to the determination of the action." See N.J.R.E. 401 (defining … State v. P.S., 202 N.J. 232, 255 (2010). "In relevance determinations, the analysis focuses on 'the logical … not violate the sentencing guidelines and the record amply supports her findings on aggravating and mitigating factors. …
- A-6004-17T2 Opinionnjcourts.gov… unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … if landlord institutes any action to evict tenants. Our determination that landlord was not required to provide notice … interest in an action, and encourage the conclusive determination of a legal controversy. Ibid. Those goals would …
- A-5642-16T3 Opinionnjcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 76 (quoting Muhammad, 176 N.J. at 195-96). The threshold determination as to "[w]hether property is in a 'dangerous …
- A-2654-15T3 Opinionnjcourts.gov… someone else was the assailant. And the record would not support such an inference. VI Finally, we address …
- A-3926-16T3 Opinionnjcourts.gov… form provisions of the grant include language that supports two or more reasonable interpretations. However, …
- A-3863-16T2 Opinionnjcourts.gov… with liberality as required, we agree these assertions are supported by the record. As a general principle, when a …
- A-46-15 Opinionnjcourts.gov… a new one. We accordingly affirm the Appellate Division’s determination that Hudson applies retroactively as consistent … that has always been part of the sentencing code. In support of that position, defendant emphasizes this Court’s …
- A-40-13 Opinionnjcourts.gov… intent to distribute heroin, the factual basis he gave in support of his guilty plea was insufficient to sustain his 4 … deference.”). Because the trial court is not making determinations such as the credibility of witnesses, which …
- A-0341-16T2 Opinionnjcourts.gov… summary judgment; however, we base our affirmance on our determination that no jury could objectively conclude that … review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …
- A-5310-15T3 Opinionnjcourts.gov… must "not accept passively the submissions of counsel to support the lodestar amount." He found that "this task has … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
- 013513-2018 Opinionnjcourts.gov… December 16, 2021. Jacob S. Perskie for plaintiff (Fox Rothschild, L.L.P., attorneys; Robert P. Lang and Jacob S. … 107 (Mar. 21, 2020); Exec. Order No. 152 (June 9, 2020). In support of the appeal, the plaintiff submitted various … at the end of the day it turns upon a credibility -12- determination and it would not be proper for this Court to …
- 006096-2017 Opinionnjcourts.gov… a non-profit Quaker school for preschool and middle aged children, located on approximately 11 acres of property … that if the court found such uses were insufficient to support a finding in favor of plaintiff, that plaintiff … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with …
- BER-L-7026-21 Opinionnjcourts.gov… N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … of the ultimate merits of the amendment, those determinations must be made in light of the factual situation …