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… should accept a trial court's findings of fact that are supported by substantial credible evidence." In re Return of … evidence, deference is owed to the trial court 's determinations of fact and credibility.") (citing State v. …
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… as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … considered for the position of [s]tation [c]ommander," is unsupported. As plaintiff acknowledged, the Superintendent had … Div. 2010)). "PERC has primary jurisdiction to make a determination on the merits of the question of whether the …
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… the decision to dismiss Aly as a defendant and the determination that defendants did not violate the Consumer … D'Agostino v. Maldonado, 216 N.J. 168, 182 (2013). Final determinations of a trial court "premised on the testimony of … unless the court's fact-findings are not 14 A-1217-21 "supported by substantial credible evidence" and "would work …
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… conduct; and (4) the court erred because its decision was unsupported by the testimony or evidence. II. "[M]unicipal … 595 (App. Div. 2017), aff'd, 233 N.J. 546 (2018)). "Final determinations made by [a] trial court sitting in a non-jury … 484 (1974)). "[W]e defer to the trial court's credibility determinations, because it 'hears the case, sees and observes …
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Special Civil FAQs
Form Document File
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… malpractice by a doctor, dentist or lawyer). • Claims for support or alimony from a marital or domestic dispute. • …
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… socioeconomic circumstances, with immigration issues and childcare obligations. Respondent admits such factors are … "period of adjustment" or in-house probation" was not supported by the Rules of Court and was a misapplication of …
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… a prima facie ineffective assistance of counsel claim in support of PCR. Preciose, 129 N.J. at 462. "To establish a … about the affair, would leave her, and would take away the children. As stated, defense counsel extensively … testimony. We discern no error in the PCR court's determination that defendant did not demonstrate that …
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… her son live with her lifelong friend who is financially supporting them. Plaintiff stated her son helps her with … bodily functions that are substantial, we conclude a jury determination is required, and summary judgment was …
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… There was no medical evidence presented in the case to support the aggravation charge. The court properly denied …
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… and spilled on her. Now, there's no evidence . . . to support that the top was not secure. She did not check the …
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… We have carefully reviewed the record and find no evidence supporting BE, LLC's claim that plaintiff agreed to abate its rent. Defendants rely only on Maawad's unsupported and self-serving recollection that such an …
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… 14, 2020). We set forth only the facts material to our determination of defendant's second PCR appeal. Defendant was … or exclude a conviction is left to the trial judge whose determination cannot be reversed absent an abuse 13 A-3491-21 … hearing only if he or she establishes a prima facie case in support of PCR, “material issues of disputed fact cannot be …
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… defendant did not intend to rely on them in discovery or to support its affirmative defenses. The court ordered Palma to …
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… We briefly summarize only the facts material to our determination of defendant's second PCR appeal. Defendant was … in the first PCR court's decision there was no evidence to support defendant's argument his trial counsel failed to …
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… a special relationship. Therefore, plaintiffs could not support their claims of a breach of fiduciary duty. 10 … whether there was a special relationship was a legal determination solely within the court's province. See Wang, …
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… towards authority. Below are the detailed descriptions to support this statement. 1. Lazy – [Plaintiff] would allow …
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… We briefly set forth only the facts material to our determination of defendant's second PCR appeal. 3 A-2262-17 On … filed his second PCR petition. The pro se brief in support of his petition set forth nineteen arguments as to … defense. Defendant's argument to the contrary consists of unsupported, conclusory assertions. . . . . And there is …
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… practice. Id. at 40-41. 13 A-0038-23 Here, the record supports a finding defendant committed CFA and HIPR …
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… 137 N.J. 8, 27 (1994). We review an agency's purely legal determinations de novo. G.C. v. Div. of Med. Assist. and … "rules or understandings that secure certain benefits . . . support claims of entitlement to those benefits." Roth, 408 …
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… that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … credible evidence in the record, unrefuted by Martianou, supporting the judge's finding that Kano was the family dog … at the park on March 26, 2022. The judge made credibility determinations, to which we must defer, and found the …