njcourts.gov
… because the complaint set forth sufficient allegations to support a claim; (2) by dismissing the complaint pursuant to … to encourage comprehensive and conclusive litigation determinations, avoid fragmentation of litigation, and promote …
njcourts.gov
… requirements of the community caretaking doctrine were not supported here. Hence, the fruits of the stop, including the …
njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … . . . 'extraordinary circumstances' undefined." Ibid. A determination of what constitutes "extraordinary …
njcourts.gov
… true value. They then moved for summary judgment. In support of the same, they certified that when they contacted … favorable to the non- moving party, the court finds the unsupported assertions of an uncorrected under-assessment and …
njcourts.gov
… not confined by the pleadings in making a jurisdictional determination. Carteret Sav. Bank v. Shushan, 954 F.2d 141, … principal place of business are both Michigan, the record supports a finding that TTI maintained an office in Florham …
njcourts.gov
… a new one. We accordingly affirm the Appellate Division’s determination that Hudson applies retroactively as consistent … that has always been part of the sentencing code. In support of that position, defendant emphasizes this Court’s …
njcourts.gov
… intent to distribute heroin, the factual basis he gave in support of his guilty plea was insufficient to sustain his 4 … deference.”). Because the trial court is not making determinations such as the credibility of witnesses, which …
njcourts.gov
… the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of …
njcourts.gov
… further agrees with defendants that the evidence fails to support an easement by prescription. Plaintiff’s use of the …
njcourts.gov
… to give plaintiffs the opportunity to produce evidence to support their claim. It may be that plaintiffs will fall …
njcourts.gov
… the notice regarding the 2014 meetings. This finding is supported by the fact that once they were notified of the …
njcourts.gov
… N.J. 246 (2001) (“Discovery is intended to lead to facts supporting or opposing an asserted legal theory; it is not … of the ultimate merits of the amendment, those determinations must be made in light of the factual situation …
njcourts.gov
… by a separate written instrument without delivery. In support of this argument, plaintiff relies upon N.J.S.A. …
njcourts.gov
… should be given its intended effect. Appellants provide no support for this contention. II. In challenging the summary …
njcourts.gov
… December 16, 2021. Jacob S. Perskie for plaintiff (Fox Rothschild, L.L.P., attorneys; Robert P. Lang and Jacob S. … 107 (Mar. 21, 2020); Exec. Order No. 152 (June 9, 2020). In support of the appeal, the plaintiff submitted various … at the end of the day it turns upon a credibility -12- determination and it would not be proper for this Court to …
njcourts.gov
… a non-profit Quaker school for preschool and middle aged children, located on approximately 11 acres of property … that if the court found such uses were insufficient to support a finding in favor of plaintiff, that plaintiff … a motion for summary judgment under Rule 4:46- 2, the determination whether there exists a genuine issue with …
njcourts.gov
… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … sustain [the trial court's] decision, provided it is supported by credible evidence in the record.'" Id. at 522 …
njcourts.gov
… not countenance such arguments and made findings fully supported by the record. The judge found that Pedroso …
njcourts.gov
… whether the evidence in the record was sufficient to support a conviction on any count on which the jury found …
njcourts.gov
… the issue "involves matters of fact," but "the ultimate determination" of the claim presented "is one of law . . . … The amount, if any, of damages due first requires a determination by a factfinder based on an evidentiary record … 469 N.J. Super. at 435-36 (concluding "the facts do not support the existence of a compensable regulatory taking" in …