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- njcourts.gov… court's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … In those circumstances, we must reverse a trial judge's determination where his or her findings go "so wide of the …
- njcourts.gov… "under the same standard that govern[ed] the court's determination," Goldhagen v. Pasmowitz, 247 N.J. 580, 593 … However, we give no deference to a trial court's legal determinations when no issue of fact exist. Templo Fuente De … ab initio and thus relieving her of any Longworth duty. In support of the contention, plaintiff relies on the general …
- njcourts.gov… Insurance Company, 406 N.J. Super. 524 (App. Div. 2009) to support their conception of "physical loss." The claim in …
- njcourts.gov… in this latest appeal: POINT I LEGAL BASIS DOES NOT SUPPORT USING THE FIVE[-]YEAR BAR DETERMINATION OF THE LOWER COURT TO DENY DEFENDANT A … an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. …
- njcourts.gov… be $165,000 or less (using the 2017 Tax Court judgment in support). They claim that the “case is solely about the” … noted above, for the Freeze Act to apply, there must be a determination of the value of the property, whether on its … upon the Tax Court to appraise the testimony, make a determination of true value, and fix the assessment.” MSGW, 18 …
- njcourts.gov… Insurance Company (Twin City) as defendants and sought a determination that those insurance companies were obligated to … as a ground for deferring to the Law Division on the determinations of choice of law and coverage issues. So, by … In Sensient Colors, the Court found special equities supported New Jersey's exercise of jurisdiction because the …
- njcourts.gov… N.J.S.A. 40A:14-118.1 to be unconstitutional. That determination renders nugatory the $25 surcharge described in … also argued decisions of the Council are political determinations not subject to judicial review and must be … of the surcharge and conclude its decision is not supported by law. As noted above, the surcharge poses no …
- njcourts.gov… Avalon's claims, we concur with the motion judge's determination that Avalon failed to satisfy Rule 4:33-1's … that appellant-intervener provided no factual basis to support its speculative and conclusory assertion that the … zoning actions from proceeding pending the court's determination of the municipality's presumptive compliance …
- A-34-22-State v. Shlawrence Ross Opinionnjcourts.gov… to do just that. (pp. 13-17) AFFIRMED and REMANDED for a determination of probable cause. CHIEF JUSTICE RABNER and … The Appellate Division properly remanded the matter for a determination of whether probable cause existed to issue a … The Public Defender and the ACDL, appearing as amici, support defendant’s arguments. Amici echo defendant’s …
- STATE OF NEW JERSEY VS. GARY D. RHYMES (22-04-0796, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… having the burden of proof. In making the admissibility determination under N.J.R.E. 609(b), courts can consider (1) … and his testimony may well have been important evidence in support of his defense. The errors concerning the jury …
- njcourts.gov… Likewise, a jury may consider Hogan's counterargument, if supported by admissible evidence, that Volkswagen had …
- njcourts.gov… op. at 10; see Sensient Colors, 193 N.J. at 390 ("The determination of whether to grant a comity stay or dismissal … since it concerned contamination of a residential site with children and dangerous levels of lead. [See 193 N.J. at … the judge's findings under the factors are sufficiently supported by the motion record, his decision warrants our …
- njcourts.gov… there was a basis for the court to override the UCPO's determination and admit defendant into PTI over the State's … arrested in Union County for the same offense." In further support of its position, the SCPO highlighted the fact that … and written opinions, we perceive no basis to disturb his determination that the SCPO properly weighed and considered …
- njcourts.gov… respectfully part company with the trial court's contrary determination, particularly because, as we have stressed, the … upon Bozzi v. City of Jersey City, 248 N.J. 274 (2021), as supportive of disclosure. We read Bozzi to be highly …
- njcourts.gov… third-party LPT appeal could be filed under R. 4:69. Amici supported the State’s contentions.5 In response, plaintiffs … Further, Chapter 123 is implicated only after a value determination has been made by the court or a county board of …
- njcourts.gov… to prove or disprove any fact of consequence to the determination of the action.” Garcia, 245 N.J. at 431 (citing … to prove or disprove any fact of consequence to the determination of the action.” R. 401; see Garcia, 245 N.J. at … enough to exclude it.”). We are aware of no precedent to support the proposition that defendant's coarse manner of …
- STATE OF NEW JERSEY VS. KHALIF O. JAMES (97-07-0733, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… provided the trial court with additional documentation in support of the motion. In May 2018, Judge William A. Daniel … therefore, was not entitled to a new trial. We reach this determination, understanding that the impact of newly …
- njcourts.gov… counterclaims were dismissed, and, after the court made a determination of the amount due on the mortgage and promissory … 394, 411 (1998). We are bound by findings of fact that are supported by "adequate, substantial, credible evidence" in … Office can only recommend entry of a judgment, the determination of whether that recommendation will be followed …
- njcourts.gov… comments made while the prosecutor underscored the evidence supporting second-degree burglary: (1) "He's at the desk …
- njcourts.gov… character of the community and the potential for harm to children in the community of Highland Park." The Planning … room for state law to operate[.]" 246 N.J. at 29. The Court supported that determination by quoting the following language from the CSA: …