Filters
- njcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … those credibility assessments unless they are manifestly unsupported by the record. Weiss v. I. Zapinsky, Inc., 65 N.J. … the judge's ruling. We are satisfied that the record amply supports the judge's factual and credibility findings. The …
- STATE OF NEW JERSEY VS. GEORGE JENEWICZ (99-01-0031, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… provide the following factual background relative to our determination. Upon a report of citizen complaints that there … to the grounds upon which the PCR petition was based, that supported defendant's conviction. Upon conclusion of that … have been unsuccessful. We agree. Notwithstanding the determination that the argument was procedurally barred, the …
- STATE OF NEW JERSEY VS. MARCUS ZAPATA-CARENO(10-03-0211, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of E.M., but also of an independent witness, both of which supported the jury's guilty verdict. As to defendant's claim … defendant did not set forth a prima facie case in support of his PCR petition. This appeal followed. On … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has …
- STATE OF NEW JERSEY VS. LARRY D. FISHER (15-08-1690, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… affirm. Detective John Gartner submitted two affidavits in support of applications for search warrants for defendant's … of that information 'is an essential part of the determination of probable cause.'" Ibid. (quoting State v. … (2012). We review legal issues de novo. Ibid. The record supports the judge's findings. Spagnuolo testified Messer …
- njcourts.gov… 242 N.J. Super. 392, 401 (Ch. Div. 1990). 9 A-5578-15T3 In support of his argument that the judge failed to view the … the parties' exchange of post-mediation documents does not support Berman's contention that the parties agreed to the …
- njcourts.gov… attention to defendant's argument that the 3 In the papers supporting his motion, defendant generally argued the … Mancini, supra, 132 N.J. at 334). "The trial court's determination . . . warrants substantial deference, and should … under Rule 4:50-1(a). The court's denial of the motion was supported by the evidence and its entry of the July 24, 2015 …
- njcourts.gov… operations, but offers no citation to the record to support that such equipment is in fact kept in there and … The court also found that the record failed to support a finding of actual or constructive notice of a …
- njcourts.gov… the decision by the Judge of Workers' Compensation (JWC) is supported by sufficient credible evidence in the record, we … 2000). We must defer to the factual findings and legal determinations made by the judge of compensation "unless they are 'manifestly unsupported by or inconsistent with competent relevant and …
- njcourts.gov… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
- STATE OF NEW JERSEY VS. EDWIN SANTIAGO (05-06-0822, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… it was filed eight years after defendant's conviction. In support of that ruling, the judge found that defendant … failed to appeal the judgment of conviction. Id. at 31. In support of that contention, defendant filed a certification … this last point, we emphasize that we are making no determination concerning the merits of any potential appeal. …
- njcourts.gov… Just like you don't give a F___ about me or my family, my children, grandchildren, nobody. I don't give a F___ about … if it is arbitrary, capricious or unreasonable[,]" or unsupported "by substantial credible evidence in the record as … tribunal is . . . in no way bound by the agency's . . . determination of a strictly legal issue." Mayflower Sec. Co. …
- njcourts.gov… of custody and protect the integrity of the evidence. In support of his motion, defendant submitted a letter to the … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not 'based on a … and note the case law upon which the State relies to support its position is distinguishable from the facts in …
- njcourts.gov… to compel arbitration and stay plaintiffs' action. In support of its motion, Ladenburg provided two affidavits of … of evidence on motions. The Rule requires affidavits supporting motions to be based "on personal knowledge, …
- njcourts.gov… the Appellate Division affirmed the trial court’s determination. The panel agreed that defendant had not … a published opinion, the Appellate Division affirmed the determination of the trial court. Gaskill v. Citi Mortg., … raised by this appeal and accordingly find that it does not support plaintiffs’ argument. In Judd, the Third Circuit did …
- njcourts.gov… underscores the deference afforded to the Division’s determinations in tax matters, it concurs with the conclusion … of the experience, knowledge and education of the taxpayer” supports a finding of “reasonable cause.” N.J.A.C. 18:2- … 50, 54. The Appellate Division affirmed the Tax Court’s determination with respect to the late payment and tax amnesty …
- A-2428-17T2 Opinionnjcourts.gov… and unreasonable, violated legislative policies and was not supported by credible evidence. He also argues the CRHPA did … agency's summary decision de novo because it is a legal determination. L.A. v. Bd. of Educ. of City of Trenton, 221 … issue." Ibid. (alteration in original) (quoting Dep't of Children & Families, N.J. Div. of Youth & Family Servs. v. …
- A-5123-17T2 Opinionnjcourts.gov… frivolous when 'no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely … one of two claims was frivolous does not constitute a determination of "the reasonable attorney's fees and other …
- A-0289-17T3 Opinionnjcourts.gov… fallen from a truck that had been improperly covered. In support of her claims, plaintiff served defendants with … at 540 (1995); R. 4:46-2(c). However, a trial court's determination that a party is entitled to summary judgment as … will not be defeated by bare conclusions lacking factual support, Petersen v. Twp. of Raritan, 418 N.J. Super. 125, …
- A-2857-17T4 Opinionnjcourts.gov… The judge found that defendant's responses would "not support even remotely a finding that the defendant ha[d] … explained the required state of mind. The circumstances supported a finding of a shared purpose. Therefore, the …
- A-2589-17T4 Opinionnjcourts.gov… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … been drinking. The totality of those circumstances amply supports the officer's probable cause to believe 10 … of alcohol. See Moore, 181 N.J. at 46. We therefore find no support for the argument that defendant's conviction cannot …