-
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
… 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 …
-
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, …
-
njcourts.gov
… retailers like Westpark.” Certification of Jacob Orfali in Support of Motion for Reconsideration, ¶ 8. Any sales to … ceasing to conduct business with Westpark, and the facts support Westpark’s assertion that no tortious interference …
-
njcourts.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 …
-
njcourts.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 …
-
njcourts.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
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.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 …
-
njcourts.gov
… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … 2005). Whether a suspect is in custody is an objective determination based on "how a reasonable [person] in the … defendant by the police was non-coercive. The record amply supports those fact-findings and we discern no basis for …
-
njcourts.gov
… . . . 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 …
-
njcourts.gov
… 101 (2016). They are upheld "so long as those findings are supported by sufficient credible evidence in the record." … incident, which the judge watched. His conclusion, not supported by Ganci's testimony, appeared to be that until … the record, we disagree with the court's legal determination. The circumstances did give rise to a reasonable …
-
njcourts.gov
… would not be reasonable under the circumstances. The record supports that determination. As Judge Francis pointed out in his opinion, … Again, we disagree. As we have explained, the judge's determination was supported by the record, and it is not …
-
njcourts.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 …
-
njcourts.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 …
-
njcourts.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 …