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- njcourts.gov… judgment, arguing plaintiffs failed to produce evidence in support of their claims. After oral argument, the motion … 149 N.J. 496, 502-03 (1997). In the context of the duty determination, foreseeability is the knowledge of the risk of …
- STATE OF NEW JERSEY VS. TYIAN EDWARDS (14-06-0592, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… FACTORS THAT WERE INSUFFICIENTLY EXPLAINED, WERE SUPPORTED BY DEFENDANT'S ADDICTION, AND WHICH FAILED TO … matter before the Court and jury for the jury's ultimate determination as to whether the defendant is guilty or not …
- njcourts.gov… in receipt of 6 A-3792-17T1 [Provencher's] loss value and supporting brief." On June 20, 2017, Arsenault promised to … that were mandated by a governmental unit" and "such determinations amounted to legal error" that require reversal …
- njcourts.gov… will not be disturbed unless they are "so manifestly unsupported by or inconsistent with the competent, relevant … (App. Div. 1963)). Our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. … their claim that they owned the vehicles. These are legal determinations that we review de novo. There really is no …
- njcourts.gov… Schlesinger argued the cause for respondents (Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo, PC, attorneys; … or "responsibility." Ibid. In her statement of reasons in support of the November 9, 2017 order, the judge agreed with …
- njcourts.gov… if "the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Rieder, …
- STATE OF NEW JERSEY VS. ANTOINE J. MARTIN (14-12-1340, MIDDLESEX COUNTY AND STATWIDE) - Unpublished Opinionsnjcourts.gov… his military record and post-traumatic stress disorder as support for finding additional mitigating factors, such as …
- B.L.F. VS. T.G.C. (FV-19-0406-18, SUSSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… Family Part judge's fact-finding is binding on appeal when supported by adequate, substantial, credible evidence. … unless [we are] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… TO COMPEL DISCOVERY. I. The judge's factual and legal determination, based on competing answers in discovery, that … of law to be decided by a court, 'preferably on a properly supported motion for summary judgment or dismissal.'" …
- STATE OF NEW JERSEY VS. KENNETH R. BANKS (10-02-0206, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of the crime is another question of fact for your determination. Mere departure from a place where a crime has … self-represented litigant; it is the same brief he filed in support of his petition when before the PCR court. In his … jury and did not create any "risk that the . . . ultimate determination of guilt or innocence [was] based on …
- njcourts.gov… It is not clear from the record what defendant argued in support of his motion, thwarting our review of the merits of …
- njcourts.gov… a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … proceeding issued a final judgment on the merits; (4) the determination of the issues was essential to the prior … of its 13 A-5863-17T1 business records and invoices to support its calculations of the amounts due. Plaintiff also …
- njcourts.gov… of the evidence, requiring deference to the credibility determinations of the jury and clear and convincing evidence … out of the country. Together, the Barker factors do not support defendant's claim of a violation of his right to a …
- DR. ELIZABETH A. NASTUS VS. BOARD OF TRUSTEES (TEACHERS' PENSION AND ANNUITY FUND) - Unpublished Opinionsnjcourts.gov… increases she received from Delaware Valley. The Board's determination was based upon the governing statute on … originally granted her. Petitioner appealed the Board's determination and the matter was transmitted to the Office of … it was "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as …
- PETER HILAL, ET AL VS. DONGYOUN HAN (DC-018059-17, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … if landlord institutes any action to evict tenants. Our determination that landlord was not required to provide notice … interest in an action, and encourage the conclusive determination of a legal controversy. Ibid. Those goals would …
- STATE OF NEW JERSEY VS. KELLY N. FOWLER (12-02-0576, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Fowler was not involved in starting the fire. Indeed, in support of this strategy, the trial counsel called two alibi … fire, this wasn't a fire that smoldered. That was his determination. This fire was lit and caught up so you know it …
- njcourts.gov… and service of the legal malpractice expert report. In support of their proximate cause defense, defendants …
- njcourts.gov… application was grandfathered and entitled to funding. In support, Pastor Enterprises cites our Supreme Court's … bound by the agency's interpretation of a statute or its determination of a strictly legal issue.'" Utley v. Bd. of … seeking IPG funding were subject to the Legislature's determination that limited public funds may be diverted from …
- njcourts.gov… Valley Reg'l High Sch. Bd. of Educ. v. Pascack Valley Reg'l Support Staff Ass'n, 192 N.J. 489, 496-97 (2007) (explaining … cannot realistically coexist with the agreement to submit determination of when and how that right can be exercised to … realistically coexist with the agreement to submit determination of when and how that right can be exercised to …
- njcourts.gov… permission to file a late notice of claim[, which is] . . . supported by affidavits based upon personal knowledge of the … reliance on the Court's holding in Feinberg is equally unsupported by the difference in the relationship between the …