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… of respondent's decision was founded on the Agency's determination that, on November 23, 2019, petitioner "grabbed … to land on [petitioner]. 3. Likewise, nothing in the video supports [petitioner]'s claim that N.C. punched her, as no … 3: 1. Acting intentionally is the mental resolution or determination to commit an act. 2. Acting recklessly is the …
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… on a case that I had when I was an attorney with Fox Rothschild. . . . . 5 A-1053-22 I have never had a personal … time periods. Plaintiff failed to proffer any evidence supporting this claim. Further, the judge questioned … we "owe deference to the trial court's credibility determinations . . . because it has 'a better perspective than …
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… was unenforceable because it violated public policy. In support of their argument, plaintiffs relied on an … 746). "Nonetheless, if the complaint states no claim that supports 10 A-1524-23 relief, and discovery will not give … under Rule 4:6-2(e) if the factual allegations . . . do not support a finding that the plaintiff is entitled to coverage …
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… individual claim against Rusin, finding no "evidence to support the piercing of the corporate veil," as plaintiffs … as a matter of law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … of an expert witness." We part ways with the court's determination regarding the necessity for an expert, as a …
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… as the "OCEAN BEACH CLUB" in the Genesis Deed. The OBS Club supports that position by pointing out that there is no … withdrew its motion for a stay, and plaintiffs filed papers supporting the OBS Club's motion for leave to file the … as the homeowners' association. Those conclusions are not supported by the current record. 16 A-2235-23 The Genesis …
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… Ordinarily, we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and … court failed to find mitigating factors that clearly were supported by the record." Bieniek, 200 N.J. at 608. We will … 330, 345 (2012). Here, the lack of evidence in the record supports the judge's findings. Indeed, defendant neither …
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… "screaming" at her. The officers also learned that N.L.'s children fled the residence during the fight. Sergeant … neither the PDVA nor the community-caretaking exception supported denial of suppression. However, having reviewed … 15). "To the 8 A-5129-15T1 extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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… activities, which included spending time with her grandchildren, performing household chores, and bowling. … or negligently failed to preserve evidence. The record supports that finding. Under the circumstances, an adverse … medical evidence to 21 A-2964-15T2 support the jury's determination that plaintiff suffered a permanent injury, as …
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… if he or she finds it is "essential to assure a fair determination of the issues." N.J.R.E. 516(b). The privilege … to the defense of an accused, or is essential to a fair determination of a cause.'" State v. Milligan, 71 N.J. 373, … witness" and "was the only witness in the position to support or refute the testimony of the governmental …
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… belief was based on the type of data that was targeted. To support her contention, defendant testified that she "saw … to grant a FRO under the PDVA, the judge must make two determinations. Under the first Silver prong, the judge "must … threats of violence. Id. at 126-27. Although the latter determination "is most often perfunctory and self- evident, …
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… on the judges' analysis, as it is more than sufficiently supported by credible evidence in the record and clear … JUDGE] AND HIS FORMER LAW FIRM REQUIRES A REMAND AND REDETERMINATION OF THE A-20 ACCOUNT AND ATTORNEY FEE MOTION TO … ON REBUTTAL. 7 A-0499-18 POINT IV THE COURT ERRED IN ITS DETERMINATION OF THE ISSUES SURROUNDING THE A-20 ACCOUNT. A. …
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… Marion had been married more than fifty years. They had no children, but apparently had a close relationship with … not be disturbed on appeal unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … however, that the evidence supports the trial court's determination that the bequests to the Olivers adeemed. It is …
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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … of theft by deception. Gensinger cites no case law in support. Moreover, Gensinger's unsuccessful efforts to … the charges against her. Her complaint asserts no facts supporting her allegations that Reyes, Metz, or McCann …
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… He concluded "the substantial evidence in the record supports a finding that the 1971 Schmidt application was … the judge concluded: "Substantial evidence supported [my] determination, and case law from the era tends to indicate … this opinion. I. We first consider whether the Board's determination that Schmidt had not obtained a use variance in …
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… and present collateral issues that are unrelated to the determination of the defendant's guilt or innocence." The … a lengthy pre-trial hearing and made extensive findings supporting his reasons for limiting or excluding the … judge failed to make specific findings in the record to support the sentence imposed. We disagree. At sentencing, …
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… holding that the Board's findings and conclusions were supported by the evidence and were not arbitrary, … Ford. Plaintiffs contend: I. The Court Below Erred in its Determination that Notice was Effective. a. Mr. Smith did not … Adequately Addressed Fire Safety. III. The Court[']s Determination That the Board's Approval of the Applicant's Use …
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… arguing that the evidence adduced by the State did not support the 3 As we have noted, those crimes had been … to the trial court that there was no factual basis to support a conviction for the second- or fourth-degree crimes … nucleus." Id. at 130. The Court further explained the determination whether an offense is a lesser-included offense …
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… currently operated as public beaches. We agree the record supports that the Army Corps required DEP to take the right … must be settled prior to appointing commissioners and, in support, cite numerous cases standing for that proposition … access to the waterfront. Defendants dispute this court's determination in North Beach that N.J.S.A. 12:3-64 permits the …
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… "[T]he court must accept as true all the evidence which supports the position of the party defending against the … expert Gordon Gemma, a licensed professional planner, in support of their cross-motion for summary judgment. Gemma … opinion rule dictates "an expert's bare opinion that has no support in factual evidence or similar data is a mere net …
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… contractor. Instead, the Department will rely on determinations made by the IRS through IRS private letter rulings, IRS determination letters, or tax audits conducted by the IRS. … followed the law; (2) whether the agency's decision is supported by substantial evidence in the record; and (3) …