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njcourts.gov
… Super. 595 (App. Div. 2016), upon which defendant relies to support his argument, the answer, "yes," is circled in … N.J. 434, 457 (1994). We also concur with the PCR judge's determination that defendant's petition was time barred. A …
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njcourts.gov
… the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… only upon the establishment of a prima facie case in support of [PCR], a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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njcourts.gov
… we defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" …
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njcourts.gov
… which one officer expressed his concern that handicapped children attending a school near a murder scene might find … in the presence of the suspect. Nor does the record support the respondent's contention that, under the … in the holding cell. We do not accept defendant's leap, unsupported by any evidence, that the detectives hoped to …
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njcourts.gov
… interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … Buckelew v. Grossbard, 87 N.J. 512, 525 (1981)). The determination of duty is "generally a matter for a court to … 132 N.J. at 439). We disagree with the trial court's determination that defendants did not owe a duty of care. …
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njcourts.gov
… of Rev., 194 N.J. 534, 551 (2008). We will not upset the determination of an administrative agency absent a showing … A-1087-19 capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated legislative …
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njcourts.gov
… on the proofs. 4 A-3903-19 bowed legs "bi-laterally" in childhood for which he was fitted with braces; had a left … "[h]owever," that he was obligated to "provide a just determination in this case as in all cases," and that to grant … warned in Davidson that "[s]uch evidence provides essential support for the pled theory of a plaintiff's cause of action …
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njcourts.gov
… immediately . . . 'bespeak an intent contrary to, and not supportive of, retroactive application.'" 240 N.J. 360, 371 …
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njcourts.gov
… case correctly found that there was no evidence that would support tolling the statutes of limitations. Plaintiff has … the First Action. We see no basis for reconsidering that determination. Affirmed. … a0144-18.pdf … A-0144-18T4 …
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njcourts.gov
… in which it alleged that plaintiff engaged in fraud. In support of its fraud claim, defendant asserted that … that it arguably could not control." In making this determination, the judge relied on Mancini v. EDS ex rel New …
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njcourts.gov
… in Fort Lee, and its associated deposits, to Investors. In support of its summary judgment motion, Investors submitted …
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njcourts.gov
… that Dr. Berman was utilized with regard to PIP benefit determinations "does not automatically somehow make him … opined as to causation. Defendants presented evidence in support of their contention that plaintiff's injuries were …
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njcourts.gov
… requirements. Review of an administrative agency final determination is limited. In re Carter, 191 N.J. 474, 482 … agency is arbitrary, capricious, or unreasonable, or is not supported by substantial credible evidence in the record as …
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njcourts.gov
… that defense counsel was "in control" of the case were supported by the record. As to plaintiff's remaining …
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njcourts.gov
… as to [p]laintiff. The record on summary judgment does not support the broad duty advocated by [p]laintiff. First, … court] affords no special deference to the legal determinations of the trial court." Templo, 224 N.J. at 199. … policy[]" and notions of fairness was essential to the determination of a duty). The Supreme Court has established …
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njcourts.gov
… Her argument that using the path was safer was not supported. Based on the lack of duty, defendants' argument …
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njcourts.gov
… the plowing activity would then move to another section. In support of that position, plaintiff submitted a liability …
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njcourts.gov
… by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … compiled an evidentiary record sufficient to make that determination with respect to another defendant subject to the …
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njcourts.gov
… June 18, 2014 Notice of Assessment Related to Final Audit Determination. Thereafter, plaintiff filed a complaint with the Tax Court challenging defendant's determination, claiming it "legitimately tried" to timely file … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant[,] …