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… the non-moving party, the evidence is insufficient here to support a finding that [d]efendant had actual or … 7 A-2207-20 contained in any of the experts' reports that supports a finding that a dangerous condition existed in … of fact for the jury. See Vincitore, 169 N.J. at 130. A determination of palpable unreasonableness, however, "like any …
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… no basis for disturbing Judge De La Cruz's well-reasoned determination. "It is well settled that the subject of a … appellants point to three "court rulings," none of which support its contention that the documents it sought were … be included in that meeting. Again, nothing in this order supports appellants' claim that documents concerning the …
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… The State, in turn, argued that probable cause was supported by the sergeant's testimony recounting the "plain … findings from a suppression hearing, so long as they are supported by sufficient credible evidence in the record. … and circumstances presented to the arresting officer would support "a [person] of reasonable caution in the belief that …
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… underlying a trial court's decision so long as they are "supported by sufficient credible evidence in the record." … "cannot provide reasonable and articulable suspicion to support a detention in the first instance." Rosario, 229 … factors, and the absence of mitigating factors, were supported by competent credible evidence. See State v. …
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… when he or she "has presented a prima facie [case] in support of [PCR]," meaning a "defendant must demonstrate a … "lack of record, high school education, work history, supportive family, and his skills[,] which would make him a … plea counsel did not reveal a high degree of favoritism to support defendant's bias challenge. See Liteky, 510 U.S. at …
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… Counsel acknowledged he was unable to find any case law supporting defendant's position. The State argued that "the … whether sufficient credible evidence in the record supports the Law Division's decision. Id. at 162. Unlike the … However, where issues on appeal turn on purely legal determinations, our review is plenary. State v. Adubato, 420 …
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… statement, although she did not file a certification in support of the motion refuting it. According to the report, … record. Procedurally, plaintiff asserts the judge's determination of the accrual date is not a final order within … standards of review guide our analysis. Initially, the determination of the accrual date of a tort claim under the …
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… command that a sentencing judge 'take into account how children are different, and how those differences counsel … State v. Murray, 162 N.J. 240, 246 (2000). We find ample support in the record for Judge Tarantino's conclusion that … when: (1) a defendant establishes a prima facie case in support of PCR; (2) the court determines that there are …
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… summary judgment. In its statement of undisputed facts in support of its motion, the City discussed the … Motorists Ins. Co., 128 N.J. 188, 197 (1992). "A later determination that the claim against the insured is without … claims. Hebela, 370 N.J. Super. at 274.4 We remand for a determination of those fees. Reversed and remanded. We do not …
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… complaint,3 and remanding the matter to the Board for a "determination as to the nature of the preexisting use, prior … 15, 2017, plaintiffs moved to invalidate the Board's determination that a pre-existing nonconforming use permitted … 610 (App. Div. 1998)). As long as the board's actions are "supported by substantial evidence in the record, [we are] …
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… REFERENCE TO THOSE ASPECTS OF THE EVIDENCE AT TRIAL THAT SUPPORTED DEFENDANT'S CONTENTION THAT HE HAD A MENTAL … UNFAIRLY EMPHASIZED IN ITS CHARGE FACTS AND EVIDENCE THAT SUPPORTED ONLY THE STATE'S CONTENTION THAT DEFENDANT DID ACT … IN ITS CHARGE ANY REFERENCE TO THE EVIDENCE AT TRIAL THAT SUPPORTED DEFENDANT'S CLAIM OF MENTAL DISEASE OR 11 …
njcourts.gov
… in its interpretation of the contract and remand for a determination of the fee award. We reverse the denial of … because the denial was conclusory and not sufficiently supported by factual findings, and we remand for further … denial of plaintiff's fee application and remand for a determination of the fee award consistent with Rendine v. …
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… order was supplemented with a written statement of reasons supporting dismissal. The judge rejected the BOE's rationale … statements and other findings that lacked evidential support in the record). Lastly, pursuant to Rule … 4:69-6(b)(3), a party seeking the court's review of "a determination of a planning board or board of adjustment" must …
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… whether N.J.S.A. 34:15- 95.5 requires a triennial redetermination of petitioners' combined awards of state … and 42 U.S.C. § 424a(d) explicitly states a triennial redetermination is not applicable in states that calculate their … Jersey. Crider concluded that N.J.S.A. 34:15-95.5 did not support a triennial redetermination. He also noted that 42 …
njcourts.gov
… courts owe deference to the trial court's credibility determinations as well because it has 'a better perspective … Findings by a trial court "are binding on appeal when supported by adequate, substantial, credible evidence." … in the record. The court made detailed credibility determinations, explaining why it found plaintiff highly …
njcourts.gov
… was entered, plaintiff moved to enter default judgment. In support of its requested collection attorney's fees and … entry report[s]" as invoices in making its fee determination. As Dubell has certified the professional entry … 141 N.J. 292, 317 (1995)). Only when a court's fee determination "was based on irrelevant or inappropriate …
njcourts.gov
… only upon the establishment of a prima facie case in support of [PCR], 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 …
njcourts.gov
… any findings of (1) a predicate act of domestic violence to support the entry of an FRO; and (2) whether plaintiff … of domestic violence. Id. at 126. "Although this second determination . . . is most often perfunctory and self- 11 … the PDVA. However, she asserts this court can make the determination that she satisfied the act of harassment from …
njcourts.gov
… (3) whether the record contains substantial evidence to support the findings on which the agency based its action; … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference controls … Authority's reasons for the rejection on this basis were supported by the evidence in the record. We decline any …
njcourts.gov
… an illegal sentence that is the subject of this appeal. In support, defendant argued he was entitled to resentencing … at separate times and places, "and then used this determination" to apply the Yarbough factors and "impose … under Comer to evaluate the impact of "[a]dverse childhood experiences . . . and other childhood traumas" on …