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njcourts.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 …
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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 …
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njcourts.gov
… constructive notice argument, I find . . . the facts do not support any rational jury possibly concluding . . . the … judge erred in denying her motion to strike defendant's unsupported affirmative defenses. Because none of plaintiff's …
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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 …
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njcourts.gov
… state court. They fail, however, to cite to any case law to support that argument. In response, counsel for other …
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njcourts.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
… A-0736-23 A. Facts Relevant To The Trial Court's Miranda Determination. B. Jackson Was In Custody Because He Was … findings made by the trial court if those findings are supported by substantial credible evidence in the record. … do not, however, defer to factual findings that are unsupported by the record or to the trial court's …
njcourts.gov
… of various recorded documents to reflect the frontage determinations. Defendants also appeal the motion judge's … quiet title, N.J.S.A. 2A:62-1 to -10; ejectment and determination of title, N.J.S.A. 2A:35-1 to -3; quia timet; … constructive notice of the frontage discrepancies, is amply supported by the record. Her finding that defendants had …
njcourts.gov
… arbitrary, capricious nor unreasonable and was certainly supported by both credible evidence and confirmed with the … the dispute shall be tried either before or after the determination of damages as the court may direct." As such, … the dispute shall be tried either before or after the determination of damages as the court may direct." Relevant to …
njcourts.gov
… 125 (App. Div. 2014)). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … As an initial matter, we part ways with the judge's determination that to maintain an alternative CFA claim to a … of another to control that chattel." Meisels v. Fox Rothschild LLP, 240 N.J. 286, 305 (2020); see also LaPlace v. …
njcourts.gov
… should accept a trial court's findings of fact that are supported by substantial credible evidence. Deference to a …
njcourts.gov
… N.J. 471 (2010). For an issue to be precluded by a prior determination, the party asserting the bar must show: 14 … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … court concluded her testimony was "conflicted. It is not supported by other evidence not in dispute. And, therefore, …
njcourts.gov
… other than § 5.1.6, setting forth when payment is "due," to support its novel argument that this AIA agreement is an …
njcourts.gov
… reasoned the amended complaint did not offer any factual support for that theory, and the defense would not change … under Rule 4:6- 2(e). Id. at 40. In reaching that determination, we noted there were "scores of federal and …
njcourts.gov
… inhibited the jury's ability to make its credibility determinations. Defendant urges the prosecutor's summation was … on defendant's intoxication because it lacked evidentiary support. The jury is presumed to have followed the judge's …
njcourts.gov
… Matthews certified he resided in Hillside, New Jersey. In support of his certification, Matthews appended a record of … a judgment on one of the six specified grounds is a determination left to the sound discretion of the trial court, … v. Guillaume, 209 N.J. 449, 467 (2012) (trial court's determination under Rule 4:50-1 "warrants substantial …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … full restitution. 277 N.J. Super. at 589. The court's determination also comports with the plain language in the …
njcourts.gov
… in addition to evidence from police witnesses, all supporting the theory that the targets of the investigation … offense of promoting under N.J.S.A. 2C:33-30 is a legal determination that we review de novo, without deference to the …
njcourts.gov
… relevant to a material issue in dispute. "The threshold determination under Rule 404(b) is whether the evidence … to prove or disprove any fact of consequence to the determination of the action.'" Rose, 206 N.J. at 160 (quoting … . ." The judge's findings as to the aggravating factors are supported by credible evidence in the record. Thus, we see …
njcourts.gov
… testimonial hearing is demanded and required for a proper determination of the legality of the seizure in the case at … Super. at 214). "In the absence of factual allegations to support the claim that the search and seizure were illegal, …