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… Our review on appeal is limited to the trial court's determination that the arbitration provision in the Service … apply a de novo standard when reviewing a trial court's determination of the enforceability of a contract. Goffe v. … clause. Defendants also fail to offer any specific facts to support the theory that they are intended third-party …
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… "Nonetheless, the factual findings underlying the waiver determination are entitled to deference and are subject to … did. That's clear as day. An analysis of the Cole factors supports the trial court's order finding defendant waived …
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… for both economic and noneconomic injuries." Second, it supports the statutory "policy of cost containment by … time." Ibid. A car owner's intent is not relevant to this determination. Id. at 28 (holding a plaintiff's stated intent … at issue." Id. at 602. We are unconvinced by plaintiff's unsupported assertion "he would have a valid New Jersey policy …
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… reinstated and the "court made no finding of prejudice." To support his position, plaintiff primarily cites case law …
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… because he could not "give the why and wherefore" that supported his opinion. See Pomerantz Paper v. New Cmty. …
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… records, citing State v. Chambers, 252 N.J. 561 (2023). In support of his motion, Ryan relied on the SANE report, text … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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… to -49. 5 A-3545-22 judgment was void under the CFLA. In support of her argument, defendant relies on LVNV Funding, …
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… Marc J. Gross argued the cause for appellants (Fox Rothschild LLP, attorneys; Marc J. Gross and Jordan B. Kaplan, on … The court further found the factual allegations that support the claims for malicious use and abuse of process …
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… based on the Dispute Resolution clause of the Agreement. In support of her motion, Vella submitted a certification in … 244 N.J. 30, 46 (2020) (reviewing de novo trial court's determination that the plaintiff's claims were subject to …
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… applied as a March payment. Defendants' contentions are unsupported. The record demonstrates defendants received … A-0418-23 February payment." We concur with the judge's determination that there was no "misapplication of th[e] … premodification payment. Again, the record does not support defendants' contention that the correct judgment …
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… In 1997 Bonnie married Joseph Kremer. The couple had three children, who were born between 2003 and 2005. The record … 22 order, arguing the trial court erred by reaching an unsupported legal conclusion that decedent's will was revoked, … discern no abuse of discretion in the Chancery Division's determination that defendant failed to overcome the …
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… by the Appellate Division. Your method of relief in that determination was to file an appeal, not to file a motion for … under N.J.S.A. 2C:44-1 to 2C:44-3 [and] the factual basis supporting a finding of particular aggravating or mitigating …
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… academy. Petitioner listed incidents in 2013 and 2007 in support of his application for accidental retirement … 8 A-3713-16T1 agency's interpretation of a statute or its determination of a strictly legal issue." Richardson, 192 N.J. …
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… the statement of undisputed material facts it submitted in support of its summary judgment motion: Clyde Neil passed … 242, 249 (1986)); accord R. 4:46-2(c). A trial court's determination that a party is entitled 9 A-2716-17T2 to … a claim may not be satisfied by an expert opinion that is unsupported by the factual record or by an expert's …
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… 2014 - before it executed the release. We agree the record supports the conclusion Selective was on notice that the …
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… filed a petition for PCR. In a certification submitted in support of his petition, defendant asserted that: (1) he was … asserted before the PCR court. We affirm the PCR court's determinations substantially for the reasons set forth in its …
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… alleged unclean hands; (10) defendants offered no facts in support of their claim plaintiff failed to mitigate damages; … order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … Div. 1998)). We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at …
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… In Mauro, the expert testified to statistics and data to support his findings of the plaintiff's enhanced medical … 1:8-3. As such, we accord deference to the trial court's determination under the abuse of discretion standard. Roman, … We discern no abuse of discretion in the judge's determination. Affirmed. … RAHAT JAHN, ET AL. VS. FRANK J. …
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… and impossible to identify. Each of these findings is amply supported by the record. We discern no abuse of discretion … judge] reviews the transcript and makes an independent determination of the sufficiency of the evidence presented, … The Law Division judge rendered independent credibility determinations, findings of fact, and legal conclusions in his …
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… of the common weal." Id. at 295. The PBA fails to support its claim that not awarding bonus vacation days for …