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… it is "arbitrary, capricious or unreasonable," or is unsupported "by 6 A-0291-18T1 substantial credible evidence in … a single finder of fact receive all the evidence and make determinations based on all of the proofs." Ratti v. Dep't of … evidence as a reasonable mind might accept as adequate to support a conclusion,' and 'evidence furnishing a reasonable …
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… professional planner testified on behalf of plaintiffs in support of variance relief. The planner testified that … "[a] court should sustain a local zoning board's determination to grant a zoning variance if that board's … capriciously, or unreasonably if its findings of fact in support of [its decision] are not supported by the record, …
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… 421 (2004) (citation omitted). We review a PCR court's determination to proceed without an evidentiary hearing for an … only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of …
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… DIVISION SHOULD REMAND THIS CASE TO THE TRIAL COURT FOR A DETERMINATION OF WHETHER [PLAINTIFF] WAS COMPETENT TO PROCEED … for a mood and anxiety disorder, and was on medication and supportive psychotherapy." Neither plaintiff nor her counsel … freighted use of parts of the trial transcript to support her contention that she was "rambling," "not …
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… OF THE PAROLE BOARD WAS ARBITRARY AND CAPRICIOUS, AND NOT SUPPORTED BY CREDIBLE EVIDENCE. POINT II THE PAROLE BOARD … 30:4-123.53(a) (1982). 5 A-0191-18T1 In making its determination, the Board must consider all pertinent factors, … factors. The detailed reasons given by the Board in support of its decision show that it 8 A-0191-18T1 …
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… assigned 5 A-1002-18T1 attorneys, received draft briefs in support of the new trial motion for review and comment. In … JCHC failed to demonstrate any genuine disputed facts to support its claim that Mesa breached or abandoned its duty … to perform legal work. The emails upon which JCHC rely in support of this argument were directed to multiple …
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… about it." [Id. at 2-4.] Defendant filed a certification in support of his PCR petition alleging ineffective assistance … was "no other independent or corroborating evidence" to support the claim defendant did not receive discovery or had … prior to the commencement of trial. Moreover, the record supports the judge's conclusion the matter was "thoroughly …
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… used for cars. 3 A-0034-21 In John Ketner's certification supporting defendants' motion, he stated the man-door was … light was installed. Plaintiff presented a certification in support of her cross-motion. She stated all of the … findings will be binding on appeal so long as they are supported by "adequate, substantial, credible evidence." …
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… and defendant failed to meet his burden of proof to support his counterclaim of adverse possession. The court … other non-jury case, are entitled to our deference "when supported by adequate, substantial and credible evidence." … substantial and credible evidence in the record to support the relief ordered by the trial court. In addition …
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… point does not carry the day. No case or rule is cited in support of the proposition. A judge has an obligation to … prepared the case, failed to submit a legal argument to support [plaintiff's] . . . claim and misrepresented the … In other words, specific expert testimony was not needed to support the allegation that the attorney did not work on …
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… He and his wife Anne, who died in 1985, had five children. Four of the five – Daniel Piszczatoski, Debra … of a bench trial "are considered binding on appeal when supported by adequate, substantial, and credible evidence." … wrongly, decedent believed that, except for defendant, his children sided with his deceased wife's relatives in seeking …
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… months of parole ineligibility. In our review of a determination on a motion to suppress, we must uphold the … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record. … we only reverse a decision when the trial court's determination is "so clearly mistaken 'that the interests of …
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… R. 4:64-2(c)(2) (expressly authorizing proofs submitted in support of a foreclosure by affidavit or certification … produce sufficient and competent evidence to reasonably support a verdict in its favor. Id. at 535–36; see also … Rule 4:5-4 requires that all affirmative defenses be supported by specific facts. Parties must respond with …
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… located, the country of India, under Rule 4:3-2(a)(1). To support this conclusion, the court made only the following … that were not only outside the pleadings, but were also not supported by certifications or affidavits. Thus, rather than … defendants' motion to dismiss and relying upon these unsupported factual claims, the trial court should have …
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… but asserted they never planted trees on their property. In support of their opposition to the motion, plaintiffs … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … claim. To prove a negligence claim, a plaintiff must support each of four elements with "some competent proof," …
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… from a Westlake Consumer Litigation Legal Assistant in support of the requested judgment. Felder submitted a … Felder also filed a brief opposing Westlake's motion and supporting her cross-motion, arguing summary judgment should … due. Additionally, [Felder] did not present any evidence in support of [her] affirmative defenses." A-1759-24 5 This …
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… finding he failed to submit objective medical evidence in support of a permanent injury. Further, plaintiff contends … in his merits brief and answers to interrogatories in support of a permanent injury, he failed to provide the MRI … allowed the filing of a late certification of permanency in support of his vaulting the verbal threshold. A …
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… did not cite any case law, regulations, or statutes to support its decision. The court's order did not decide … that she was entitled to. She cites no factual or legal support that Ruth's actions in purchasing the burial plot … of unclean hands precludes Ruth from reimbursement is not supported by the law. The doctrine is "applied against a …
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… the scope of the CFA. See DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 339 (App. … findings of fact and conclusions of 9 A-1510-23 law to support its decision denying plaintiff's motion in the … by Rule 1:7-4, a judge is required to provide reasons in support of his or her decision, either on the record or in …
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… op. at 17). We remanded "to allow plaintiff, to the extent supported by the record, to amend his complaint to advance … complaint. Therefore, we abide by the prior panel's determination regarding the PIP counts—that Endo Surgi Center … the insurer's agents to kill the insured and the insured's children . . . ." Id. at 16 (quoting Endo Surgi Center, 391 …