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A-1948-24 Briefs
Briefs
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… failed to produce records in discovery that it included in support of its summary judgment motion. PSE&G’s spoliation … v. Peoples Bank & Trust Co., 17 N.J. 67, 75 (1954). “[A] determination whether there exists a ‘genuine issue’ of … In determining the existence of a duty of care, the determination “involves identifying, weighing, and balancing …
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… for Judiciary Staff. As a general rule, judges and their support staff not otherwise eligible for remote work are …
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… operation of his vehicle constitute sufficient grounds to support a violation of Canon 1, Rule 1. 1 and Canon 2i Rule …
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… DPW regarding work on the tree at 3 In his certification in support of motion, plaintiff's counsel averred on December … See Brown v. Brown, 86 N.J. 565, 580 (1981). However, a determination of palpable unreasonableness, "like any other …
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… be addressed as whether the "Board can make a threshold determination of jurisdiction." Ultimately, the Board … provisions and plain 15 A-0810-24 language of the MLUL supports the trial court's determination that the application is complete. We affirm the …
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… Division, Cape May County, Docket No. L-0223-23. Fox Rothschild LLP, attorneys for appellant (Michael J. Malinsky, … capricious, or unreasonable. We conclude the trial court determination that the law-of-the-case doctrine barred … on November 1, 2022, finding the Board's decision was not supported by substantial evidence, and was arbitrary, …
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… and '. . . uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" …
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… Business Tax due. On December 9, 2015, a final determination of the earlier protest was issued without any … Gross Income Tax obligation falls by the wayside. To support this assertion, William McCormick submits a … the Sales and Use Tax and Corporation Business Tax final determinations issued by the Director. It is also without …
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… assessment which was increased due to the assessor’s determination that the Subject was habitable with new … further evaluation of the evidence to make an independent determination of value. If, however, the presumption of … substantial and competent evidence in the record to support that determination”). Without qualitative and …
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… PER CURIAM The Court considers the Appellate Division’s determination that it was not plain error for the trial court … rather, it must look only to the “existence of evidence to support the lesser included offense [charge].” Id. at 289 …
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… been met." Barboza, 115 N.J. at 422. It does not make "determination[s] based on witness credibility or the feel of … circumstances" and context of the entire colloquy supported this inference. We agree. As we have noted, the … and because the court is sometimes making credibility determinations about witness testimony." Ibid. Unless an abuse …
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… FOR A HEARING. 9 A-1687-20 In an attempt to provide support for those arguments, defendant filed a motion for … at [the time of sentencing] to 'take into account how children are different, and how those differences counsel …
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… products because eliminating food groups from the diets of children in order to avoid certain elements may result in … N.J. 246 (2001) (“Discovery 4 is intended to lead to facts supporting or opposing an asserted legal theory; it is not … and the proper labeling, poses a danger that a court’s determination “will be inconsistent with that of other courts …
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… of care. He also sent counsel for plaintiff two emails supporting his opinion that Dr. Braimbridge deviated from …
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… Stampone (Julia). His three-count complaint sought a determination that a partnership existed, and the imposition … Those findings "are considered binding on appeal when supported by adequate, substantial and credible evidence" … approach was either inappropriate or resulted in a final determination that did not fully and fairly consider his …
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… is entitled to the benefit of all favorable inferences in support of [his] claim." Bagnana v. Wolfinger, 385 N.J. … 230 (App. Div.), certif. denied, 189 N.J. 104 (2006). [A] determination whether there exists a "genuine issue" of … give credence to defendant's testimony was a credibility determination. In his deposition, defendant asserts that he …
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… findings in a suppression hearing "when 'those findings are supported by sufficient credible evidence in the record.'" …
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… a negotiated sentence within the ordinary range. To support his argument, defendant points to question seven on …
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… that: [H]ere, the [c]ourt does not find that the facts support the argument that there is a substantial risk of …
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… findings of fact unless the "findings are 'manifestly unsupported' by the 'reasonably credible evidence' in the … did not submit any briefing regarding the judge's determination that he was not a holder in due course. … to prove or disprove any fact of consequence to the determination of the action." See also Rodriguez v. Wal- Mart …