Filters
- A-1404-17T4 Opinionnjcourts.gov… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … when he placed his entire upper body into the Mustang. In support of his argument, defendant cites to Horton v. …
- A-3930-17T1 Opinionnjcourts.gov… court, Gourvitz relies on various equitable doctrines in support of its waiver argument, including collateral, … original jurisdiction as is necessary to the complete determination of any matter on review." See also N.J. Const. … is to determine whether there is adequate evidence to support the judgment rendered' by the trial court." Fisher, …
- A-1568-17T3 Opinionnjcourts.gov… allegation that a driver violated N.J.S.A. 39:4-89 that is supported by evidence that the defendant was traveling too … takes evasive action to avoid an accident, which would have supported a Dolson charge had it occurred, and in doing so …
- A-5150-16T1 Opinionnjcourts.gov… we conclude that the decision was not arbitrary and is supported by substantial credible evidence of an operational … interim decision. However, instead of submitting evidence supporting its apparent view that the new title was not …
- A-1603-18T4 Opinionnjcourts.gov… JUDGE FAILED TO APPROPRIATELY CONSIDER MR. WOOLLEY'S CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING … health and 12 A-1603-18T4 traumatic episodes of his childhood. In particular, defendant argues the court was … of his or her sentencing deliberations, mitigating factors supported by credible evidence. State v. Case, 220 N.J. 49, …
- A-3246-19 Opinionnjcourts.gov… TO THE [JUDGE'S] IMPROPER RULING. Our review of a judge's determination to commit an individual is "extremely narrow," … of 6 A-3246-19 R.F., 217 N.J. 152, 175 (2014). A judge's determination should not be disturbed if the judge's findings are "supported by 'sufficient credible evidence present in the …
- A-5363-16T4 Opinionnjcourts.gov… (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in 8 A-5363-16T4 … judgment in forgoing a Wade hearing before each trial is supported by substantial credible evidence in the record. By …
- A-0595-17T3 Opinionnjcourts.gov… at 167). We need not defer to the trial court's legal determinations, which we review de novo. Davidovich, 446 N.J. … there was insufficient evidence before the trial court to support the conclusion that dog groomers assume the risk of … a dog was an attempt to prevent a dog bite[.]" The record supports the judge's decision. The judge correctly found …
- A-4541-16T3 Opinionnjcourts.gov… 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 …
- A-4347-14T2 Opinionnjcourts.gov… an extension of discovery; (2) Dr. Bell's opinion was supported by the factual evidence and was not a net opinion; … judgment was properly granted. Dr. Bell's report fails to support a claim of negligence. Although it sets forth …
- 010919-2018 Opinionnjcourts.gov… administrative conference and the Director issued a Final Determination upholding the liability with additional accrued … a timely complaint in this court challenging the Final Determination, then moved for summary judgment in which he … posits that reading I.R.C. 3401(a) and (c) together supports the conclusion that he did not receive “wages” 5 …
- 08480-2017 Opinionnjcourts.gov… by filing the instant case with the Tax Court seeking a determination that NWAC is entitled to an exemption from the … Director. N.J.S.A. 40:55D-8.6(b). The Director’s final determination may then be appealed to the Tax Court, which … funds, not the State. Additionally, much of the evidence to support the NRDF’s justification (i.e., property records, …
- A-1988-15T4 Opinionnjcourts.gov… 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 …
- A-2947-15T3 Opinionnjcourts.gov… 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 …
- A-4002-15T3 Opinionnjcourts.gov… 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 …
- A-1541-15T4 Opinionnjcourts.gov… R. 4:46-2. No special deference is afforded to the legal determinations of the trial court when no issue of fact … to get work-related forms). "Two rationales exist to support the 'going and coming' rule. The first is that … his testimony would vary from his certification filed in support of PBS's motion. "A motion for summary judgment is …
- A-1523-15T2 Opinionnjcourts.gov… defendant did not submit a certification or affidavit in support of its motion. In the motion, defendant relied upon … claim had been timely filed, the facts as alleged do not support a claim of fraud. The record indicates that at the …
- A-3932-14T4 Opinionnjcourts.gov… objection" that lacked reference to specific case law and supporting certifications. The judge also found that due to … fees 10 A-3932-14T4 from the assignor's estate must be supported by a certification of services containing the … fee applications where the court is called upon to make a determination of the amount based on reasonableness. 12 …
- A-3497-14T2 Opinionnjcourts.gov… cases is limited. R.1:36-3. April 4, 2017 2 A-3497-14T2 determination upholding a Department of Corrections' … On appeal, Young argues the Commission's findings are not supported by credible evidence; the ALJ's factual findings … Commission are arbitrary, capricious, unreasonable, and unsupported; the ALJ allowed inadmissible hearsay; the ALJ …
- A-4657-15T2 Opinionnjcourts.gov… and assessments for DWI include a $100 surcharge to support the Drunk Driving Enforcement Fund, N.J.S.A. … to pleading guilty to DWI in 1981, 1982, 1988, and 1995. To support his argument, defendant submitted certifications …