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njcourts.gov
… early April 2015, and advised she was one of the decedent's children. Subsequently, plaintiff filed a second amended … (e), and (f) and equitable principles.2 The motion was not supported by defendant's certification or affidavit, as … N.J. Super. 313, 318 (App. Div. 1964). "The trial court's determination under [Rule any event, the case is …
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njcourts.gov
… a week, but after Thanksgiving, he did not see her or the children due to injuries to his ribs and migraine headaches. … and voluntary, we defer to a trial court's credibility determinations and factual findings as long as they are supported by sufficient credible evidence in the record. …
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njcourts.gov
… conclusion about pothole deterioration was not supported by factual evidence. The court stated: 9 A-4064-23 … and what materials should have been used; and any factual support to the freeze/thaw cycle that may have contributed … which was denied. In its August 9, 2024 order and supporting statement of reasons, the court further analyzed …
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njcourts.gov
… POINT I THE STOP OF [WILLIAMS'] TRACTOR-TRAILER WAS NOT SUPPORTED BY A REASONABLE BASIS, THE POLICE HAD NO BASIS TO … AND ARTICULABLE SUSPICION OF CRIMINAL ACTIVITY EXISTED TO SUPPORT THE REQUEST FOR CONSENT TO SEARCH THE VEHICLE, … identification, and offered conflicting stories). The determination must be based on an objective evaluation of the …
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njcourts.gov
… verdict under R. 4:40-2 is the same as that governing the determination of a motion for involuntary dismissal under R. … The trial court must accept as true all evidence that supports the non-moving party's position and all favorable … record because it does not turn on a trial court's determinations of credibility but instead on questions of law. …
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njcourts.gov
… information to their own personal accounts." To further support his request, Rosetti cited to "a newspaper article … found that are responsive to the request; (3) the determination of whether the document or any part thereof is … is necessary here. We part company with the trial court's determination that the record established that Board members' …
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njcourts.gov
… paying back $710,000 as restitution, correct? A: Yes. To support his plea to insurance fraud, defendant testified: Q: … that they "agree a remand is necessary for the following determination[s]": (1) For the sentencing court to place on … a new, full-blown sentencing hearing. The record does not support defendant's contention. Rather, we returned this …
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njcourts.gov
… court found plaintiffs failed to allege sufficient facts supporting a finding of coverage under the policy. The court … defendant's argument that New York law should govern the determination of the issues on appeal to the extent it differs … dismissal of a complaint under Rule 4:6-2(e) based on its determination that business losses claimed as the result of …
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njcourts.gov
… lack of sewer service" but testified the Township would "support application to [New Jersey Department of … regarding two issues and, consequently, could not make a determination on the Township's application. First, counsel … opportunity the project will be constructed. II. "A final determination made by a trial court conducting a non-jury case …
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njcourts.gov
… unemployment benefits statute and is arbitrary as legally unsupported. We therefore reverse and remand for a … On July 5, 2018, appellant received an initial benefit determination from the New Jersey Department of Labor, … a maximum benefit amount of $11,752. This initial benefit determination included both appellant's full-time and …
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njcourts.gov
… medical records, a breathalyzer test, or other evidence to support it, and because the warehouse video and other video … INCLUDING, BUT NOT LIMITED TO, ITS EVIDENTIARY DETERMINATIONS AND ITS RESTRICTIVE AND COERCIVE HANDLING OF … Kirsch's thoughtful written opinion. In reaching this determination, we reject defendant's argument that Judge …
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njcourts.gov
… person that she was the “youngest Black card player” was unsupported by any concrete evidence. The defendant presented … based on the player's abuse of the program and this determination was in the sole discretion of defendant. The … carpet status in its advertised promotion. Based on our determinations previously expressed above in Part IIB, we …
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njcourts.gov
… or in the alternative, to withdraw her guilty plea. In support of the motion, defense counsel filed a certification … the written record was insufficient "to make a reasonable determination." She needed "a better understanding of the … to her responsibility as the primary caretaker of her young children. She also argues the sentencing judge failed to …
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njcourts.gov
… A. THE STATE PRESENTED AN ADEQUATE PRIMA FACIE CASE TO SUPPORT THE CHARGE. 4 A-0382-25 B. THE STATE DID NOT FAIL TO … followed. In particular, no law was presented to support the trooper's testimony concerning the alleged … another." In order to fairly consider whether the evidence supported these elements, sufficient legal instructions were …
njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … Div. 2002). We are not bound, however, by an agency's "determination of a strictly legal issue." Russo, 206 N.J. at …
njcourts.gov
… a general contractor or a "co- contractor" with Aliano to support its argument the Township had a direct duty of care … We reject this contention as no evidence in the record supports plaintiff's argument that the Township retained … safety meetings was sufficient to create factual issues to support plaintiff's assertions that the Township exercised …
njcourts.gov
… 237 N.J. 465, 475 (2019). We will uphold an agency's determination "'unless there is a clear showing that it is … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & … 150, 169 (2011)). Additionally, we defer to credibility determinations because the judge "'hears the case, sees and …
njcourts.gov
… found, that Officer Hackett's testimony was credible. It is supported without question by the audio and video from both … is 'sufficient credible evidence . . . in the record' to support the [Law Division's] findings." State v. Robertson, … there is sufficient credible evidence in the record to support the Law Division's finding that defendant was …
njcourts.gov
… "[F]indings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." … 140 N.J. 366, 378 (1995)). We review evidentiary determinations, including decisions on the order and manner of … Our review of the transcript confirms the judge left that determination to counsel, who apparently 13 A-0147-24 made the …
njcourts.gov
… but failed to identify any exceptional circumstances supporting their request. Id. at 3. They also did not … slip op. at 3-4. The court compared the submissions in support of and in opposition to the summary judgment motion, … (1) to encourage the comprehensive and conclusive determination of [the] legal controversy; (2) to achieve party …