njcourts.gov
… conflict-of-interest claim was a "'bald assertion,' unsupported by affidavit or certification." The judge … alleged conflict. Nor has defendant submitted evidence to support a conclusion there was a significant risk plea … Again, the judge found no evidence in the record to support defendant's claim. The judge also recognized: …
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… Sentence Was Excessive. B. The Award of Restitution Is Unsupported and Cannot Stand. (Not Raised Below). For the … We accept those findings of the trial court that are "supported by sufficient credible evidence in the record." … brief comments. We review a "trial court's 'sentencing determination under a deferential standard of review.'" State …
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… erred in not finding Salmorin violated the CFA. "Final determinations made by the trial court sitting in a non-jury … 205 N.J. 150, 169 (2011)). Although our review of legal determinations made by the trial court is de novo, we will not … unless we are "convinced that they are so manifestly unsupported by[,] or inconsistent with[,] the competent, …
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… defense at trial, and Dr. Greenfield offered no opinion supporting defendant's current claim. In sum, the judge … a PCR defendant "must allege specific facts and evidence supporting his allegations"). There is no showing of …
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… to govern future conduct." Hopkins, 132 N.J. at 439. In support of his first and second points of error, plaintiff … those cases, and the other authority cited by plaintiff, supports the imposition of a duty of care on Waitikowich. 7 …
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… hearsay statements made by her mother, stepfather, children, and the local police . In addition, the judge … entered the FRO against defendant. The judge's findings in support of the FRO were based on plaintiff's testimony, … of the 8 A-3605-16T4 FRO was based on credibility determinations, it was vital that defendant be granted leeway …
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… plaintiff clearly failed to present any factual basis to support his claim, the judge ruled that the statute of … attorney did not supply a certification from plaintiff to support the claim that the discovery rule tolled the running … Therefore, the trial judge properly rejected plaintiff's unsupported argument that the statute of limitations should …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … (1988)). We generally defer to a trial court's factual determinations, but review a trial court's legal conclusions … these narrow circumstances, extraordinary circumstances supported claimant's motion to file a late notice of claim. …
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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" … Prod., 677 F. Supp. 284, 286 (M.D. Pa. 1987)). While determination of the issue may be made upon affidavits, our … agents. Although Wunderlich's certification in support of his motion to dismiss denied such a plan existed, …
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… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … did not testify or call any witnesses at trial. To support his renewed claim that trial counsel failed to … of Ms. Rodriguez. 8 A-4601-16T4 Here, the trial record supports a specifically designed strategy to highlight the …
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… dismissed charges alone as 4 A-2623-15T1 evidence in support of a 'continuing pattern of anti-social behavior.'" … in these illicit activities is frequently used by the children "as a major route to walk to and from … school." … and that selling drugs near school property, with no children around, "displays injurious consequence to innocent …
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… the file." Serulle argues Goldblatt's deposition testimony supported the inference Sosa had negligently performed … repair. Indeed, Goldblatt testified "[w]e did make a determination that the rock, it didn't happen within a couple … of the repair work. She also testified she did not make a determination of how long the sidewalk was in the allegedly …
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… were never provided a copy of such documents thereafter. In support of their contention plaintiff engaged in predatory … problems. Second, there is no evidence from an expert supporting defendants' claim that extending the refinance …
njcourts.gov
… to conduct discovery to see if it could uncover facts to support a claim for gross negligence. JCMUA appealed. … the facts pled by JCMUA, there are no facts that would support a claim of gross negligence against NJ Transit …
njcourts.gov
… an evidentiary hearing. PCR counsel was appointed. In his supporting certification, defendant alleged his counsel … he must assert facts an investigation would have revealed, supported by affidavits or certifications based upon the …
njcourts.gov
… confirmed what Jun had been saying, with documentary support, since she successfully moved to vacate default: … defendants did not raise this issue in their brief in support of their motion for reconsideration. We may "decline …
njcourts.gov
… capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "[A] presumption of … was arbitrary, capricious, or unreasonable or lacks fair support in the record. We find no basis to overturn its …
njcourts.gov
… 4:50-1(a), (d), and (f). In a certification submitted in support of the motion, Cynthia stated that she and Michael … years and large sums of money"2 to acquire and 2 In a supporting certification, Michael averred that they incurred … Our limited review recognizes that [t]he trial court's determination under [Rule 4:50-1] warrants substantial …
njcourts.gov
… the State also explained that a case defendant cited in support of his request for a waiver involved a defendant who … Act waiver." Benjamin, 228 N.J. at 370. In making that determination, the Court drew a parallel to the Comprehensive … stated that despite New Jersey's long-standing precedent supporting broad discovery in criminal cases, a defendant is …
njcourts.gov
… omitted). We will not disturb the Commission's final determination unless it is arbitrary, capricious, or … (2) whether the record contains substantial evidence to support the findings on which the agency based its action; … policy, the record contains substantial evidence that supports the findings on which the Commission based its …