njcourts.gov
… file a timely certification, courts make a discretionary determination "to choose a response that is proportionate to … its minimal requirement of a treating doctor certification support the conclusions reached by 9 A-0393-23 the motion …
njcourts.gov
… and the measurements taken at the site, it [was her] determination that the construction of 138 Park Avenue [was] … joined, contending plaintiff failed to appeal Holtzman's determination to the Board before filing his complaint. On … to show cause and dismissing his complaint with prejudice supported by an oral opinion. It found "plaintiff, having …
njcourts.gov
… dismiss the amended complaint and set forth legal arguments supporting his contention that the amended complaint stated …
njcourts.gov
… We are bound by the trial court's findings if they are supported by adequate, substantial, credible evidence. G.M., … the present matter, the court did not make the threshold determination of whether defendant set forth a prima facie … to a different Family Part judge, because credibility determinations were made by the trial judge. See Freedman v. …
njcourts.gov
… of John Briseno certainly provided an adequate basis to support the entry of the motion for summary judgment and the …
njcourts.gov
… argument is that Wilcox's certification was inadequate to support summary judgment, and plaintiff should have been …
njcourts.gov
… plaintiffs' claim there are genuine issues of material fact supporting a finding 9 A-2450-22 of liability under the …
njcourts.gov
… her favor. We reject plaintiff's argument because it is not supported by the record. The TCA "indisputably governs … 119, 123 (2001) (citation omitted). Nonetheless, that determination is subject to the court's preliminary assessment …
njcourts.gov
… trace defendant's allegations rather than just accept her unsupported conclusions. Rather, defendant has left the court … The judge set forth his factual findings and credibility determinations in substantial detail and incorporated those … 289 (1994). We see no reason to disturb Judge Podolnick's determination that defendant has not proved any fraud or …
njcourts.gov
… plaintiff cannot rely on her self-serving assertion to support an equitable estoppel claim. See Fredericks v. …
njcourts.gov
… plaintiff's claims for emotional distress, which were unsupported by an expert report and therefore subject to … of that claim. However, we part ways with the court's determination plaintiff needed documentation of a medical … support of a claim for pain and suffering because it is a determination reserved for the jury. "No expert can properly …
njcourts.gov
… We disagree with both these arguments because they are not supported by the record. "Interpretation and construction of …
njcourts.gov
… 1, 2023, the court entered an order denying the motion supported by a written opinion. The court found defendant …
njcourts.gov
… provided a true copy of the assignment of mortgage in support of its motions for summary judgment and final …
njcourts.gov
… was not needed. The governing law and record do not support either of those arguments, therefore, we reject …
njcourts.gov
… it is arbitrary, capricious or unreasonable[,] or not supported by substantial credible evidence in the record." … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Ibid. (quoting … to S. 2519 1 (Sept. 22, 2020). The Legislature's determination that certain individuals would be awarded PHE …
njcourts.gov
… noting "the judge's credibility findings were sufficiently supported in the record to be afforded substantial … defendant filed a second PCR petition and moved for a determination of good cause for the assignment of counsel. In … claims involves matters of fact, but the ultimate determination is one of law and . . . '[a] trial court's …
njcourts.gov
… is 'sufficient credible evidence . . . in the record' to support the trial court's findings." State v. Robertson, 228 … alter concurrent findings of fact and credibility determinations made by two prior courts absent a very obvious …
default
… for the judgment. As intervenor, Evans also seeks a determination that NJ PURE is obligated to pay the entire … Counsel cited to O'Boyle v. Borough of Longport5 to support his assertion of the common interest privilege. In …
default
… The PCR judge's opinion is legally sound and well supported by the record. We add only the following brief … conduct an evidentiary hearing, we review the PCR judge's determinations de novo. State v. Jackson, 454 N.J. Super. 284, … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing."). …