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njcourts.gov
… THE TRIAL COURT IMPERMISSBLY RELIED ON ACQUITTED CONDUCT TO SUPPORT AGGRAVATING FACTORS. The State raises the following … whether those facts add up to probable cause— a legal determination. Cf. State v. Green, 346 N.J. Super. 87, 90-91 … incarcerated. The defendant is single and has four children. The defendant reportedly earned his GED in 2002. …
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njcourts.gov
… order as we discern no abuse of discretion in the court's determination that appellants had not established numerosity … on three additional occasions: (1) two separate filings in support of its motion for a protective order in October … proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior …
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njcourts.gov
… so any request for an increase in coverage would have to be supported by "sales figures." On September 26, 2014, Zito … The judge stated further that Elina's certification did not support plaintiff's contention that "Zito made a promise to … v. Albert Lifson & Sons, Inc., 17 N.J. 383, 389 (1955). Determination of whether a duty exists "turns on whether the …
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njcourts.gov
… Anti Self-Referral Law, N.J.S.A. 45:9-22.4 to -22.9. In support of its claims, Allstate alleges that numerous … including the claims against the non-moving defendants. In support of its orders, the trial court issued three written … PIP arbitration; and (4) canons of statutory interpretation support the position that claims under the Fraud Act and …
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A-0047-25 Briefs
Briefs
njcourts.gov
… Noah Franzblau, J.S.C. DEFENDANT'S/APPELLANT’S BRIEF IN SUPPORT OF APPEAL DIFRANCESCO, BATEMAN, KUNZMAN, DAVIS, … Counterclaim. The trial court improperly made credibility determinations and acted as a fact- finder in connection with … by Appellant. (Da405) STANDARD OF REVIEW A trial court's determination of a Rule 4:6-2(e) motion to dismiss is reviewed …
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A-1030-25 Briefs
Briefs
njcourts.gov
… APPELLANT AETNA LIFE INSURANCE COMPANY’S BRIEF IN SUPPORT OF MOTION TO STAY CONTRACT IMPLEMENTATION AND FOR … capricious, and unreasonable. It is well-settled that “a determination predicated on unsupported findings is the … 2004). There is no record contradicting NJT’s original determination that Aetna’s proposal fully meets the …
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njcourts.gov
… A.R. WAS KIDNAPPED. ii. THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT A KIDNAPPING CHARGE, SINCE A.R. WAS NOT UNLAWFULLY … Later, defense counsel questioned A.R. about whether the children were angry with her and whether the older son was … "[t]he jury was entitled to make highly fact-sensitive determinations in deciding whether [the victim] was confined …
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njcourts.gov
… punishment was a highly relevant consideration in parole determinations, in addition to the likelihood of recidivism. … connection between the facts in the parole record and the determination that a 200-month FET, instead of a 27- or … FET was not arbitrary, capricious, or unreasonable and was supported by sufficient credible evidence in the record. We …
njcourts.gov
… petition was not time-barred due to excusable neglect. In a supporting certification, defendant averred he was never … imposed and is prepared to provide factual evidence to support it, then sufficient grounds for relaxing the Rule … advising [him] . . . of his rights to a PCR." In support, he asserts the OPD lost his file containing the …
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the 9 A-1483-24 … v. Gamble, 218 N.J. 412, 425 (2014)). By contrast, the determination of whether those facts established an emergency … victim might have fled inside. This hypothesis was unsupported by any facts and was disconnected from both the …
njcourts.gov
… ERRED IN STATING THAT THE TRIAL TRANSCRIPTS "ARE COMPLETELY SUPPORTED BY THE RECORD." XXIV. APPELLATE JUDGE ERRED IN … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … those documents. In sum, we agree with Judge Kazlau's determination that there was sufficient evidence to affirm …
njcourts.gov
… by reference and recount only the facts material to our determination of this appeal. In 2007, Artem Boguslavskiy … II. We review the judge's factual findings and legal determinations at the conclusion of a plenary hearing under … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant, …
njcourts.gov
… line, preceded by “/s/”. 4 The pleadings filed by Gordon in support of his own motions and in opposition to defendants’ … allows an aggrieved property holder the right to a rapid determination about the fairness of its use. And so, an aggrieved party may move “for a determination as to whether there is a probability that final …
njcourts.gov
… that amount as permitted by N.J.S.A. 56:8-19.2 1 In support of the CFA claim, plaintiff's counsel also provided … that guides our analysis on that issue. As the court's determination involved mixed questions of law and fact, we … and 2) the court's findings are inconsistent with its determination that Fenix is responsible for the $350 owed to …
njcourts.gov
… regarding its meaning. Where the policy language will support two interpretations, only one of which will support a finding of coverage, the court will choose the … restrictive than the phrase “arising out of”, this is not supported by the language of the insurance policy. The term …
njcourts.gov
… finding that it breached the loan commitment was not supported by the evidence presented at trial and "should be … credible evidence in the record to support the judge's determination that defendant breached the loan agreement. … the loan was credible, and we defer to that credibility determination. Thus, we affirm Judge Gibson's May 1, 2014 …
njcourts.gov
… opinion. The court found that the verdict was "firmly supported by the evidence adduced at trial." In addition, … 2, 6 (1969)). "On a motion for a new trial, all evidence supporting the verdict must be accepted as true, and all … warranted. As the judge found, the jury's verdict was amply supported by the evidence, and the verdict was not in any …
njcourts.gov
… unless "a defendant has presented a prima facie [case] in support of post- conviction relief." State v. Marshall, 148 … is, again, signed by Zerella. The record before us fails to support defendant's allegation that Pancari undertook any … Zerella were partners, there is no evidence in the record supporting a theory that Pancari had access to any …
njcourts.gov
… court," and we accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
njcourts.gov
… POINT I [THE] DISMISSAL SHOULD BE VACATED DUE TO THE UNSUPPORTED RES JUDICATA BASIS FOR DISMISSAL AND THE IMPROPER … REMAND. POINT VII PLAINTIFF['S] EXTENSIVE ARGUMENT SUPPORTING STANDING AND [THE] JUDGE . . . CITING NO LEGAL … 100, 106 (App. Div. 2005)), including the trial court's determination to dismiss based on lack of standing, 12 …