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- 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-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-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 …
- njcourts.gov… . . 7 A-0897-21 [T]here is no evidence presented at all to support the contention of unequal rates; and to the … where the factual allegations are "palpably insufficient to support a claim on which relief can be granted," or if …
- njcourts.gov… of that conviction. The parties submitted briefs in support of their respective positions and oral argument was … evidence of the intent behind N.J.S.A. 2C:52-5.3 further supports this interpretation. First, as previously noted, …
- A-2629-15T2/A-2643-15T2 Opinionnjcourts.gov… 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 …
- A-2998-15T5 Opinionnjcourts.gov… "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 …
- A-1647-16T1 Opinionnjcourts.gov… 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 …
- njcourts.gov… for Justice to submit a brief as an amicus curiae supporting plaintiff's position. II. On appeal, plaintiff … Town of Montclair, 81 N.J. Super. 481 (App. Div. 1963), to support their contention that res ipsa does not apply in …
- A-1135-20 Opinionnjcourts.gov… initial application; (2) the Board's findings do not support the grant of a conditional use variance; (3) the … issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … conclude that the record contains ample evidence supporting the Board's discretionary action. To the extent …
- A-2863-20 Opinionnjcourts.gov… 2015, Angie executed a power of attorney naming two of her children, Vera and W.B. (Wayne), as "co-attorneys in fact." … the trial court's findings "unless they are so clearly insupportable as to result in their denial of justice." Estate … granted in the interests of justice, see Rule 4:9-1, the "determination of a motion to amend a pleading is generally …