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… 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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… 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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… 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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… we defer to a PCR court's factual findings "'when supported by adequate, substantial and credible evidence.'" …
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… findings of the trial court, "so long as those findings are supported by 2 Defendant also filed a motion to preclude …
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… charge. The judge similarly found sufficient evidence to support the charge of receipt of stolen property, N.J.S.A. …
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… on the record granting the Board's motion based on her determination the parties reached a binding settlement … year of entry of the judgment. Ibid. We review a court's determination of a Rule 4:50-1 motion under an abuse of … the May 23 order because there was credible evidence to support enforcement of the settlement agreement. See …
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… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … except those to suppress physical evidence. The record supports the conclusion defendant was informed at the time …
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… Furthermore, the record is devoid of any evidence supporting defendants' claim that Highland fraudulently …
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… of law. We defer to family court fact findings "when supported by adequate, substantial, credible evidence." … We discern no reason to disturb the trial court's determination that the MOU was clear and unambiguous regarding …
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… 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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… 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. … ZORICA DIMITROV, ETC. VS. SAINT …
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… We agree with Judge Caulfield that the factual predicate in support of an IAC claim was known well before the one-year …
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… so long as sufficient credible evidence in the record supports those findings ," State v. Gonzales, 227 N.J. 77, …
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… limited. We therefore identify the relevant facts that are supported by evidence in the record or are undisputed by the …
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… died on January 5, 2019. He was survived by his two children: defendant, his son, and plaintiff, his daughter. … will in which he divided his estate equally between his two children. No party has a copy of that will, and neither … and that the copy had been signed by his father. In support of that position, defendant also submitted a …
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… plaintiff's adult daughter from a prior marriage, Suske's children, and plaintiff's mother as third-party defendants, … to garnish plaintiff's pension, and for counsel fees. In support, defendant submitted certifications prepared by her … 154 N.J. 394, 413 (1998). Likewise, "[a] trial court's determination under [Rule 4:50-1] warrants substantial …
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… or recklessly disregarded the fact that no valid reasons supported the delay . . . . [L]iability may be imposed for …
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… and shortly thereafter moved for summary judgment. In support of its summary-judgment motion, State Farm pointed …
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… immediately . . . 'bespeak an intent contrary to, and not supportive of, retroactive application.'" 240 N.J. 360, 371 …