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njcourts.gov
… The court noted there was insufficient evidence to support a claim for $6.50 per square foot and there was no meeting of the minds to support a contract. As such, there was no mutual assent to support the claim of $6.50. See Newfield Fire Co. No. 1 v. …
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njcourts.gov
… certifications and completed a number of programs. In support of his motion, defendant also submitted two reports … 2022, and that the medical records defendant submitted in support of his motion did not contain an "opinion from any … ailments, "the results of the objective testing did not support his complaints." Judge Bachmann also observed that …
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njcourts.gov
… hearing when he "'has presented a prima facie [claim] in support of [PCR],'" meaning that a defendant must … and a bench warrant, supported the sentencing judge's determination that a defendant had not led a law-abiding … assertion that his incarceration would be a hardship to his children, the PCR judge noted that "the [L]egislature …
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njcourts.gov
… N.J. at 12. Conversely, "[t]he absence of any evidence to support the charges would render the indictment 'palpably … sufficiently "secured" within the meaning of Olivero. To support his argument, defendant contends the sidewalk was … in defendant's merits brief, during his factual basis in support of his guilty plea, defendant clarified that the …
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njcourts.gov
… There is no basis to disturb the court's credibility determinations or its factual findings that support its judgment against Kalaba for compensatory … In this ruling, we part company with the court's determination. 10 A-3302-19 Punitive damages are appropriate …
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njcourts.gov
… the FRO. On appeal, defendant contends the trial court's determination that she committed the predicate act of criminal mischief was not supported by the evidence adduced at the hearing, and there … occurred." Id. at 125. The trial court should make this determination "in light of the previous history of violence …
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njcourts.gov
… Id. at 367 ("The weight of prevailing professional norms supports the view that counsel must advise [the] client … the Strickland test. First, defendant failed to provide any supporting affidavit or certification attesting to the fact … deportation to be a "bare assertion . . . insufficient to support a prima facie case of ineffectiveness[,]" and we …
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njcourts.gov
… forced" him not to testify was a manufactured argument unsupported by the record. On appeal, defendant argues that: … was not explained. The record, however, simply does not support this claim. Trial counsel testified he explained the … defendant's was not. We defer to the court's credibility determination because he had the ability to hear and see the …
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njcourts.gov
… office's objection to defendant's admission. The prosecutor supported her objection by first citing to our decision in … who is gainfully employed, a married father of four young children who relied upon him for support, and who has no … N.J. 215, 225 (2002)). Our review of a prosecutor's PTI determination is limited because of the nature of the decision …
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njcourts.gov
… 2016, plaintiff sued defendants alleging negligence. In support of his claim, plaintiff retained Himad Beg, a … 136; Luchejko, 207 N.J. at 201-03. Moreover, public policy supports preserving the current rule because society has an … the imposition of a heightened duty, this contention is not supported by law. See Cogliati v. Ecco High Frequency Corp., …
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njcourts.gov
… was assigned counsel who filed a supplemental brief. In his supporting certification, defendant stated he "never wished … only upon the establishment of a prima facie case in support of post-conviction relief . . . [t]o establish a … Rather, "defendant must allege specific facts and evidence supporting his allegations" for the court to grant an …
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njcourts.gov
… deeded to the unit. Mattalian offered to give the Board any supporting documentation plaintiff had of his position. 1 … attached a lengthy explanation of his position, relying for support on portions of the POS and the contract between WMG … Div. 1963)). However, our review of a trial court's legal determinations is plenary. D'Agostino v. Maldonado, 216 N.J. …
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njcourts.gov
… not cite, and the court could not find any legal authority supporting defendant's claim. The judge also noted that the … on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … on this appeal. We stated: Here, defendant offers no support for his proposition that Rule 1:12-3 prohibited [the …
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njcourts.gov
… it as "arbitrary, capricious and/or unreasonable and not supported by credible evidence." Accordingly, the … In re Hermann, 192 N.J. 19, 27 (2007). The “final determination of an administrative agency . . . is entitled to … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing …
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njcourts.gov
… in 1993, they are both attorneys, and they have three children. In July 2014, plaintiff filed a complaint for … Award, defendant contends that (1) there was no evidence supporting the award, (2) the arbitrator refused to consider … or engage in cross-examination, and (4) the fee was not supported by the record. Thus, defendant requests that we …
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njcourts.gov
… 4 Rosengarten cites to one of our unpublished decisions in support of this proposition. Not only are unpublished … capricious or unreasonable, or that it lacked fair support in the evidence." Carter, 191 N.J. at 482. To … by [an] agency's interpretation of a statute or its determination of a strictly legal issue." Norfolk S. Ry. Co. …
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njcourts.gov
… by the Law Division to determine whether those findings are supported by the competent evidence in the record. 7 … reported did not occur. There is no basis in the record to support defendant's argument to the contrary. Defendant … A-3896-14T4 concurrent findings of fact and credibility determinations made by two lower courts absent a very obvious …
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njcourts.gov
… parties filed supplemental letter briefs contending Mattia supported their respective positions. 5 A-0048-17T3 … ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … court would come to the same conclusion if the original determination was its to make, but rather whether the 6 …
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njcourts.gov
… for an involuntary dismissal pursuant to Rule 4:37-2. In support of the motion, defendant's counsel cited case law to … such a duty is "an essentially 8 A-1323-17T2 objective determination to be made on the basis of the material facts" … in not making a reasonable use of his property. Such a determination merits a consideration of the various attendant …
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njcourts.gov
… issues of material fact proffered by plaintiff that could support a finding that Suk breached his duty of care under … at 84-85. Plaintiff cites allegations in the complaint to support his argument that the complaint's "language [was] … judge never analyzed whether plaintiff presented facts in support of his claim that defendants' conduct was reckless. …