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… plaintiff filed a motion for summary judgment. Plaintiff supported its motion with a certification from Karter … essentially argues that: (1) the Nelson certification and supporting documents were inadequate to establish … (2006) (citation omitted). On review, the trial judge's determination will not be disturbed unless it constitutes a …
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… we defer to the trial court's findings of fact where supported by "sufficient evidence in the record." State v. … many sister states, had provided de facto, if not de jure, support for law enforcement to believe that alcohol dissipation in and of itself supported a finding of exigency for a warrantless search of …
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… attorneys; Giacomo F. Gattuso, of counsel; Joseph M. Hauschildt, Jr., on the brief). 1 Improperly designated as … discussion regarding gratuities has no bearing on our determination of the dispositive issues in this case. 3 … A plaintiff is required to provide specific proofs in support of an ascertainable loss, and subjective assertions …
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… escaping liability." Id. at 625. Our review of the record supports the motion judge's conclusion the dL defendants are … debts of NLdH. See ibid. 8 A-1878-17T3 The record does not support plaintiff's assertion the dL defendants fraudulently … [N.J.S.A. 25:2-26.] 11 A-1878-17T3 The record does not support the conclusion NLdH transferred its assets to dL, …
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… On appeal, CURE argues that the judge's findings are not supported by the evidence in the record. CURE contends that … after a bench trial are "considered binding on appeal when supported by adequate, substantial and credible evidence." … We see no reason to disturb the judge's findings, which are supported by adequate, substantial and credible evidence in …
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… occurred at a night club . . . justif[ied] the relief." In support, Scalzulli submitted a certification in which he made a number of factual assertions to support his argument that he was not properly served. He … to plaintiff's failure to "plead or assert any legal theory supporting [his] personal liability," the default judgment …
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… to prove or disprove any fact of consequence to the determination of the action." On December 19, 2014, defendant … purchased defendant's interest in the Livingston LLC. In support of his summary judgment motion, defendant averred … wife opened a joint bank account in late 2003. In support of this claim, plaintiff submitted a bank statement …
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… action, she challenges as arbitrary and capricious, or as unsupported by the evidence, virtually every material factual … makes similar arguments on appeal. She contends the ALJ's determinations that she disregarded 10 A-3771-13T2 directions … (citation omitted). We will not disturb the CSC's final determination unless it is arbitrary, capricious or …
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… THE MOTOR VEHICLE STOP AND INVESTIGATIVE DETENTION WAS NOT SUPPORTED BY A REASONABLE ARTICULABLE SUSPICION OF A MOTOR … the motor vehicle stop and investigative detention were not supported by a reasonable and articulable suspicion that she … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled …
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… that the evidence presented at trial was insufficient to support the trial judge's conclusion 2 After plaintiff filed … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … that Wisdom's testimony was credible and we defer to that determination. On the other hand, the judge found that …
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… FUNDAMENTAL INJUSTICE ARTICULATED IN HIS CERTIFICATION IN SUPPORT OF THE PCR PETITION OR PERMITTING DEFENDANT AN … the photograph because he was "functionally illiterate." In support of that argument, defendant filed a certification … set forth in Rule 3:22-12(a)(2). In his certification in support of the second petition, defendant claims that he was …
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… but "'attorney inadvertence' will not, standing alone, support a finding of extraordinary circumstances" entitling … [Id. at 341.] Plaintiff relies on the facts in Couri as support that the AOM statute does not apply to plaintiff's … plaintiff's breach of contract claim did not require expert support. Id. at 341. 11 A-2129-16T3 In deciding whether the …
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… in December 2011, decedent was survived by five adult children with his predeceased wife: John P. Valentine, Anne … decedent divided his "residuary estate" among his five children as follows: fifteen percent to John; twenty percent … was adequate to cover the appraised value of the house. As support, Eileen contends the Will's scrivener agreed with …
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… "should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Jecker v. … (1974)). 4 A-3917-16T2 "We defer to the credibility determinations made by the trial court because the trial judge … defendant regarding bad checks. The trial court based its determination of damages on the handwritten letter. Defendant …
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… 3:9-2 and Rule 3:21-1. Defendant argued his plea was not supported by an adequate factual basis and even if it was, … guilty plea because there was an inadequate factual basis supporting his conviction for theft by deception, N.J.S.A. … The court must be satisfied there is a factual basis supporting "every element of the crime charged." Ibid. A …
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… FET outside of the administrative guidelines was not supported by the record and violated his due process rights. … We disagree. 7 A-4316-14T2 Judicial review of parole determinations is limited to an evaluation of whether the … 126 N.J. 330 (1991). Our review is also limited to a determination of whether the agency's findings could …
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… when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … to show that "defendant was right to fear the victim and [support] the defendant's argument that she acted in self- … how the shooting occurred, and by using the mannequin in support of the defense case. The judge noted that in …
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… the trial court's factual findings . . . 'when [they are] supported by adequate, substantial and credible (continued) … more than he was incorrect. We affirmed the court's determination on that precise issue on appeal, finding … upon which Kramer's Rule 1:10-3 motion was based finds no support in the record. Montclair's entry into the agreement, …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Wells Fargo confirmed in a supplemental certification with supporting documents that as of December 11, 2013, Wells … 149 N.J. 408 (1997). Nevertheless, neither Upke nor Yvanova support defendant's position. In Upke, we did not discuss …
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… from employment. The CSC issued a final administrative determination in which it "accepted and adopted the Findings … or unreasonable, or that 10 A-2623-14T4 it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … that of the agency's when "substantial credible evidence supports [the] agency's conclusion[.]" Greenwood v. State …