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… gastric carcinoma. Pelle, who was unmarried and had no children, lived with her parents. Turning to the litigation, … and funeral expenses . The judge cited to no law or fact in support of his decision to dismiss the wrongful death claim … He cited cases involving damages for a shortened life in support of his decision. Those cases were inapposite; …
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… The court "refuse[d] to entertain speculations unsupported by evidence." With defendants' answer stricken by … here and defendants have not presented any evidence to support or corroborate these contentions. We agree with the … bank could not mortgage a leased property, but this is not supported by the 2005 mortgage. It provided that "[i]f this …
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… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … unduly prejudice defendant. Accordingly, the judge's determination was not "so wide [of] the mark that a manifest … lacks persuasion as she fails to cite any authority supporting the proposition that the physician's testimony …
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… lacks persuasion. We therefore affirm the motion court's determination that defendant did not have constructive notice … light the stairway was a statutory violation and evidence supporting negligence, the judge found the plaintiff's … off the rail, 11 A-4684-16T3 finding the record failed to support such happenings, and declining to assign the …
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… the Superior Court pursuant to N.J.S.A. 2B:12-17.2(a). In support of her motion, defendant produced medical records … that case, Vitale carelessly drove his car and struck two children who died from their injuries. Id. at 411. After the … Constitution. Id. at 421. The matter was remanded for a determination of whether Illinois could prove involuntary …
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… The issues involving Applied are not relevant to our determination in this case, especially in light of Applied's … argues on appeal that "[c]ontrary to the trial court's determination, Your Way's bid was . . . fatally defective by … to be "arbitrary, capricious, or unreasonable, or . . . not supported by substantial credible evidence in the record as …
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… her distress did not rise to the level required to support a claim for emotional distress. Id. at 280. We … that her emotional distress was of the severity required to support a claim against defendants for 13 A-0200-16T2 …
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… 205 N.J. 150, 169 (2011) (explaining that "[f]inal determinations made by the trial court sitting in a non-jury … is whether there was substantial credible evidence to support the damages and counsel fees set forth in the … 21 (App Div. 1989)), we discern no error in the judge's determination of reduced value. Secondly, the trial court …
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… interpreted the law." DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … dispute that their malpractice claim against Botton is unsupported by expert testimony. Instead, they contend their … they subsequently failed to serve an expert report to support their claim that Botton acted improperly.5 …
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… 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as … is sufficient credible evidence to support the Board's determination that Williams' disability was not the direct …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … The judge concluded that exigent circumstances existed to support a warrantless search of defendant's person based on … contraband. We discern no error in the motion judge's determination that the officer "had no practical opportunity …
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… killed his ex-girlfriend, Monica Paul, with whom he had two children. The shooting occurred at the Montclair YMCA in … Defendant also submitted two certifications of his own in support of his petition. He stated his trial attorney failed … a certification from trial counsel or any documentation in support of his allegation that the State extended a plea …
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… . . . must assert the facts that would have been revealed, 'supported by affidavits or certifications based upon . . . … manifest denial of justice in light of the strong evidence supporting the State's allegations. Even if defendant did …
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… N.J. Super. 396, 402 (App. Div. 2004)). The motion must be supported by an affidavit explaining the importance of the … DNA of someone other than [his DNA], it would strongly support [his] position that he was not the perpetrator." As …
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… order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … 608 (1998)). . We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at … Defendants fail to provide any factual basis or analysis in support of their claim that Fleet violated the unidentified …
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… "The scope of appellate review of a commitment determination is extremely narrow." R.F., 217 N.J. at 174 … all or any part of [an] expert opinion[ ].' The ultimate determination is 'a legal one, not a medical one, even though … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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… court" and accord "no special deference to the legal determinations of the trial court." Templo Fuente De Vida … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … 38 N.J. 578, 583 (1962)). In reviewing a trial court's determination that a duty does or does not arise in a …
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… Deutsche Bank filed a request for entry of default. In support of that application, Deutsche Bank also filed a … presence of a meritorious defense worthy of a judicial determination." Ibid. Particularly in a foreclosure matter, … (App. Div. 2014). "[A] court may not make credibility determinations or resolve genuine factual issues based on …
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… 2000). We must defer to the factual findings and legal determination made by the judge of compensation "unless they are 'manifestly unsupported by or 7 A-1988-15T4 inconsistent with competent … of limitations. Those findings required credibility determinations, not the evaluation of established facts as in …
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… guilty pleas reserving "the right to appeal [an] adverse determination of any specified pretrial motion"). In entering … Defendant appeals and challenges the Law Division's determinations, which we now affirm.2 Defendant presents these … authentication or identification "by evidence sufficient to support a finding that the matter is what its proponent …