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… defendant filed a cross-motion to compel arbitration. In support of the cross-motion, defendant's attorney submitted … whether a party waived its arbitration right is a legal determination subject to de novo review." Cole v. Jersey City … "Nonetheless, the factual findings underlying the waiver determination are entitled to deference and are subject to …
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… (Storley) Williams appeals from a November 18, 2021 final determination by the Board of Trustees of the Public … January 14, 2020, the PFRS Board confirmed the Division's determination and again denied petitioner's application for … capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police & …
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… sentence that is, in part, the subject of this appeal. In support of his motion, defendant argued, "[t]he [t]rial … the court denied defendant's motion for ballistics testing supported by a written opinion. The court found defendant's … when "'a defendant has presented a prima facie [claim] in support of [PCR],'" meaning a "defendant must demonstrate a …
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… sentence that is, in part, the subject of this appeal. In support of his motion, defendant argued, "[t]he [t]rial … the court denied defendant's motion for ballistics testing supported by a written opinion. The court found defendant's … when "'a defendant has presented a prima facie [claim] in support of [PCR],'" meaning a "defendant must demonstrate a …
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… pay fifty percent of the cost of orthodontic care for the children.1 Having considered the record, the parties' … request because defendant does not challenge any other determination reflected in the order. See generally Drinker … Family Part's findings of fact when they 9 A-0814-22 are "supported by adequate, substantial, credible evidence." …
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… what it was. The judge ordered defendant to pay the monthly support retroactive to the date of breach. He awarded … Rule 4:50-1 and sought attorney's fees, we review those determinations for abuse of discretion. See Litton Indus., … ("The decision whether to vacate a judgment . . . is a determination left to the sound discretion of the trial court, …
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… is 'sufficient credible evidence . . . in the record' to support the 9 A-1946-21 trial court's findings." State v. … to alter concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious … the refusal sentence. Defendant has not cited case law to support her contentions regarding the order of adjudication …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … this [c]ourt affords no special deference to the legal determinations of the [motion judge]." RSI Bank, 234 N.J. at … net opinion. The expert failed to indicate any objective support for his opinion that JMB's negligence was a …
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… on two evenings in August 2020 and September 2020. In support of its application, the requested variances, and … to enable members of the public to make "an informed determination" about whether to attend and participate in the … to be required within RD Lakewood's public notice. Our determination in that regard remains unchanged. RD Lakewood …
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… superintendent 11 A-2651-22 and project manager, further supported plaintiff's status as an employee of Waterside. … v. Toll Brothers and Developers, 143 N.J. 565 (1996) in support of his argument regarding 525 Livingston 's duty of … Costa v. Gaccione, 408 N.J. Super. 362 (App. Div. 2009) in support of his argument regarding the duty of care owed by …
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… residence, garage, and camper. The search warrant was supported by the November 18, 2021 certification of the lead … agreement before sentencing, the standard for the court's determination is whether it is in "the interests of justice." … that buttress [his or her] claim." Ibid. In making that determination, the court may consider evidence disclosed in …
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… forced to leave the home and stay in a hotel with their children because of the "extremely harsh and oppressive" … the application for fees to be paid to the Solomon firm. In support of the application for fees, Solomon and his … that each side could get what they needed." The court's determination that discovery was taken for purposes of both …
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… because the PCR court's amplified decision on remand is "supported by sufficient credible evidence in the record." … in a changed outcome at trial. It is this [c]ourt's determination that trial counsel's performance was not … of the proceeding would have been different. It is the determination of this [c]ourt that trial counsel engaged in …
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… A few days later, Grande-Pena, Donato, and two of Donato's children met Maroules at his office, and Donato was provided … 16, 2023. Grande-Pena timely moved for summary judgment. In support of her motion, Grande-Pena certified that Vincenzo … proof, the court found no genuine issues of material fact supporting defendants' assertion that the will submitted to …
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… set forth his findings of fact based on his credibility determinations after observing and listening to the witnesses … and final judgment and October 18, 2023 order. "Final determinations made by the trial court sitting in a non-jury … rendered by a trial judge are binding on appeal when supported by substantial credible evidence. See Reilly v. …
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… Wasserman appeals a March 10, 2023 final administrative determination by respondent, the Board of Trustees (the Board) … prevailing New Jersey law, we affirm the Board's final determination. I. We recount the salient facts in the record … capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, 27-28 …
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… Inc. v. Allstate Ins. Co., 193 N.J. 373, 390 (2008). "The determination of whether to grant a comity stay or dismissal … same parties, claims and legal issues. The record does not support that contention. "[T]he parties, claims, and issues … the same." Id. at 391 (emphasis in original). That determination is fact-specific. For 12 A-2010-22 example, …
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… Div. Apr. 20, 2020) (slip op. at 6). The underlying facts supporting defendant's conviction and sentence are not in … boyfriend Anthony Hunt, the victim, 3 A-3902-22 and her two children.1 On the night of the murder, Melissa saw Hunt on … Miller's clothing tested positive. We discern no support in the record for defendant's contention trial …
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… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… reasonable minds might accept the evidence as adequate to support the jury verdict. . . ." [T]he trial judge takes … 226 N.J. at 501. However, in reviewing the trial court's determination, "an appellate court must pay some deference to … bias, or prejudice. The record supports the judge's determination that plaintiff did not meet the standard under …