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njcourts.gov
… Patyraks on its claims under the guaranties of the note. In support of that motion, the Bank submitted a certification … right to enforce the promissory note. The record does not support either of these arguments. Accordingly, we reject …
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njcourts.gov
… AND STOVE TURNED ON TO DRIVE UP GAS BILLS WAS ERRONEOUS, UNSUPPORTED BY AN ADEQUATE LIMITING INSTRUCTION[] AND DEPRIVED … cruel or depraved because the possessions of defendant's children were destroyed by the fire. Defendant contends that … Here, the judge noted that defendant victimized his own children in addition to the intended victim, J.B. While the …
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njcourts.gov
… police officer, agreed to apply his long-standing policy of supporting law enforcement officers by discounting the … trial court's factual findings "when 'those findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … would not promote the doctrine's objectives of conclusive determinations, party fairness, and judicial economy and … to the case before us, it is instructive in our determination that summary judgment should not have dismissed …
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njcourts.gov
… in the area near the bleachers, including a fair number of children playing football in the grass next to the walkway. … tackled and injured David. That theory, however, is not supported by the material undisputed facts. In that regard, the facts do not support a finding of causation. Initially, we note that the …
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njcourts.gov
… that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant … not substantiated. There is ample evidence in the record to support the trial judge's 10 A-3437-18T4 finding that … Therefore, there is ample evidence in the record to support the trial judge's finding that the retainer complied …
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njcourts.gov
… to "foster the intellectual growth of the student by supporting and reinforcing the academic program of the … is [Mulcahey's] position that in respect to the Board's determination that [the] 2007 injury, sustained during the … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at …
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njcourts.gov
… a trial court must weigh other factors relevant to the "determination of the existence of a duty of reasonable care … 'general negligence principles' . . . ." Id. at 230. This determination implicates consideration of the foreseeability … MSR on numerous prior projects. The nature of the risk also supports imposing a duty against MSR. Although the risk of …
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njcourts.gov
… was a proximate cause of plaintiff's injuries was not supported by any evidence. The court observed that there was … standard of review, and the trial court's 9 A-2503-17T3 determination of such issues is accorded no deference. Kaye v. … as to whether [they] adequately supervised their minor aged children" who "held a party where alcohol was served." …
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njcourts.gov
… for pedestrians." The judge explained that in making that determination, "you have to be able to show when the ice first … interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … N.J. at 529-30). On the other hand, assertions that are unsupported by evidence "[are] insufficient to create a …
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njcourts.gov
… reopen and extend discovery for an additional 120 days. In support of the motion, plaintiff's counsel certified that "a … deny plaintiff the benefit of Rule 4:26-4. The record amply supports a finding that before filing his complaint, …
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njcourts.gov
… (App. Div. May 20, 2015) (slip op. at 2). Following that determination, plaintiffs and Chicago Title settled their … approval to abandon the railway." Id. at 5. The board's determination gave rise to plaintiffs' action in lieu of … its common-law contribution and indemnification claims lack support in the evidence. By settling with its insureds in an …
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njcourts.gov
… like the Law Division, we defer to the credibility determinations of the municipal court. State v. Cerefice, 335 … and Law Division judges reach the same credibility determinations. Locurto, supra, 157 N.J. at 474. "[A] … 138, 159 (2002); see also N.J.R.E. 803(c)(1). The record supports the motion judge's findings that Officer Schwartz …
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njcourts.gov
… there was a bargained for consideration. These facts do not support a finding of mistake, fraud, or misrepresentation. … agreement was usurious, which we have rejected, to support their arguments on the grounds of newly discovered …
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njcourts.gov
… The parties were married in October 1985 and have two children who are emancipated. The judgment of divorce and a … removal from the residence; the amount of interim support she was to receive between her removal and the sale … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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njcourts.gov
… proceeded to summarize in detail each piece of evidence supporting the State's case. Clearly, the use of the word … 210, 215 (1989)). When a sentencing court's findings are supported by the record, we will only reverse if the …
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njcourts.gov
… the City claimed. On September 30, the GRC issued a final determination, adopting the findings and recommendations of … to the public interest. Gordon asked the "GRC to make a determination that [the City] withheld the fact there was … policies, is based on factual findings that are not supported by substantial credible evidence, or is arbitrary, …
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njcourts.gov
… plaintiff cross-moved for the funds to be released to it, supported by a certification from plaintiff's president, … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … language of the settlement agreement. In the certification supporting defendants' motion, New Vision's president/CEO …
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njcourts.gov
… appellate review, a trial [judge's] factual findings in support of granting or denying a motion to suppress must be upheld when 'those findings are supported by sufficient credible evidence in the record.'" …
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njcourts.gov
… OF A DENIAL TO VACATE A GUILTY PLEA WHEN THE PLEA IS NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS IS DE NOVO. (NOT … to [Rule] 3:21-5." R. 3:22-12(a)(1). Notwithstanding this determination, the judge also found the factual bases for … of the nature of the charges, and the trial court's determination of defendant's motivation, defendant's motion to …