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… judge found plaintiffs failed to proffer any witnesses in support of this argument. Judge Zazzali-Hogan further … noises, unpleasant smells, and increased traffic. "Final determinations made by the trial court sitting in a non-jury … Super. at 433. We defer to Judge Zazzali-Hogan's factual determination that Gigi's and the prior business …
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… documents, photographs, or other evidence was proffered to support plaintiffs' claim. On cross-examination, the court … prejudice. This appeal followed. II. We note that factual determinations "made by the trial court sitting in a non-jury … believing him completely." The record supports that determination, and we find no reversible error, especially …
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… and should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." … testified to the contrary, we defer to Judge Wild's determination that Roddy's testimony was credible and … 1, 17 (App. Div. 2013) ("When reviewing a PCR court's determination, we generally defer to the court's factual …
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… that counsel's failure also prejudiced the jury's determination of the drug charges because his purported use of … a consciousness of guilt on the drug charges and otherwise support the admission of evidence that was unduly … of the drug charges because it constituted a determination that defendant lied because he knew the drugs in …
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… trial court's findings of fact are binding on appeal "if supported by adequate, substantial, credible evidence." … findings unless convinced the findings "are so manifestly unsupported by or inconsistent with the competent, relevant … identified factors a court should consider in making this determination: (1) whether the victim consented to lift the …
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… were married in 1999, separated in 2009 and had no children. Plaintiff filed a divorce complaint in 2011. The … to [defendant]. [Plaintiff] has agreed to provide support to [defendant] with reasonable expenses until … divorce is final and [defendant] agrees to accept spousal support as described above specifically leaving first escrow …
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… reassured him no further action would be taken until such determination was made. Ultimately, he never learned whether … decision in its entirety, including her credibility determinations. Regarding Batten's claim that the ALJ … examined witnesses, the Commission concluded: the ALJ amply supported her determination that [Batten] was not credible. …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Weisman, 145 N.J. 395, 418 (1996). "Generally, the determination of proximate cause is an issue of fact for the … responsibility cannot be submitted to the jury for determination. To do so would be to authorize a decision on …
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… language of the Appropriations Act seems a weak branch to support its position. Surely, the intent of the language was … 18, 2017 decision, the Division Director upheld the ALJ's determination that appellant should be paid at the proper … basis for disturbing the Division Director's reasonable determination that appellant's Medicaid reimbursement 13 …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … trench collapsed on him at his worksite. Id. at 453. The unsupported trench was excavated to a depth far beyond that … when viewed in plaintiff's favor, is simply insufficient to support the claim that PCS knew its actions were virtually …
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… Defendant argues that the trial judge's findings are not supported by the evidence. We affirm. I. The following facts … has occurred." Id. at 125. The court should make this determination "'in light of the previous history of violence … (1990). Common sense and experience may also inform a determination or finding of purpose. State v. Hoffman, 149 N.J …
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… 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 … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
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… police. Neither party has supplied us with the motion and supporting or opposing papers that were filed. As a result, … to the validity of the search." He contends without any supporting legal argument that the judge was required to … need to deter defendant and others). The record adequately supported both. The judge did not find mitigating factors …
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… not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit … those reasons, "if a factual basis has not been given to support a guilty plea, the analysis ends and the plea must … the criteria established in Slater. Again, we disagree. A determination of whether to allow a defendant to withdraw a …
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… (citing State v. Nwobu, 139 N.J. 236, 246 (1995)). A determination whether to admit a defendant is "'primarily … rendered a written decision, reversing the prosecutor's determination and admitting defendant into PTI. Although the … to her arrest, and "aspire[d] to a bright future[.]" 5 In support of this conclusion, the judge cited State v. …
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… to dismiss plaintiff's complaint, which relief Edward also supported. Following oral argument on the motions, Judge … to which Quality was entitled, Judge Moore began with a determination of the lodestar. He evaluated the fees charged … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
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… responses to requests for admissions, an affidavit in support of summary judgment, and several pleadings. Mantiff … notes. Mantiff relied on the checks and ledger in support of that claim. Mantiff alleged the last payment was … the payments came from the defendant. Dharia offered unsupported opinions in response to mostly leading questions. …
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… A. Rosenberg argued the cause for respondents (Fox Rothschild, LLP, attorneys; Kenneth A. Rosenberg, of counsel and … complaint. This complaint alleged additional facts in support of her claims, and asserted a claim of willful and … n.3 (3d Cir. 2004)). Plaintiff argues the motion judge's determination that she failed to plead sufficient facts to …
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… ADVANTAGE TO DEFENDANT. E. TRIAL COURT'S FINDINGS ARE UNSUPPORTABLE AND THE ORDER DENYING THE MOTION MUST BE … time I felt bad. I felt betrayed. I had [three] or [four] children at the time and I was afraid. And that's how come I … Clifton in July 1990; stated he was the youngest of eight children; provided the identities of his parents and …
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… He did not have the benefit of blood tests potentially supporting his theory. And his and the mechanic's theory of … conclusions. Thus the expert's testimony provides only an unsupported theory which in this [c]ourt's opinion does not … which she characterized as "replete" with observations supporting his opinion that defendant was under the …