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- A-1472-18T2 Opinionnjcourts.gov… must be abrupt, the judge found that Morton did not support plaintiff's argument that "general deterioration … an accident. However, the language of the clause did not support that representation. Rather, the clause virtually … and accidental" language were bound by the Court's determination of its meaning. See Champion Dyeing & Finishing …
- A-0866-16T1 Opinionnjcourts.gov… Law Division or the municipal court with respect to legal determinations or conclusions reached on the basis of the … N.J. 39, 45 (2011)) (stating "appellate review of legal determinations is plenary"). 5 The Law Division granted … health condition. There is no legal nor factual support for defendant's contention. In State v. Marquez, 202 …
- A-3095-18T1 Opinionnjcourts.gov… conditions present at the time of the accident, which was supported by the plaintiff's daughter.2 Witczak cited a City … noted 3 United's motion for reconsideration did not include supporting documents but was still considered by the court. … issue. See Filipowicz, 350 N.J. Super. at 561 (noting determination of the comparative fault of the parties is a …
- A-1706-16T4 Opinionnjcourts.gov… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment 3 … or, in the alternative, for summary judgment. In a supporting certification, the managing member of the … decide a question of title . . . in the way that will best support and maintain the integrity of the recording system." …
- A-3892-15T1 Opinionnjcourts.gov… . . . defendant" as factors bearing on his credibility determination. The judge found that, while probable cause may … trial court's decision, provided that those findings are "supported by sufficient credible evidence in the record." … that credible evidence in the record supports the judge's determination that the officers had probable cause to search …
- A-1976-17T1 Opinionnjcourts.gov… of the mortgage. It rejects the trial judge's determination that its argument was actually an attempt to … date when calculating the amount due because the evidence supported a finding that Rosemont waived its right to … did not declare a default prior to May 2014. The City also supports its argument with deposition testimony from 20 …
- A-5452-16T3 Opinionnjcourts.gov… the verdict. In reviewing the trial court's determination of the motion for judgment notwithstanding the verdict, we accept as true all evidence supporting Timek and accord him all reasonable inferences … act of managerial prerogative based on the police chief's determination that he needed sergeants in the patrol 6 …
- A-4243-17T1 Opinionnjcourts.gov… from presenting evidence concerning her driving habits to support her claims she was not driving the [car] at the time … have a tendency in reason to aid the trier of fact in the determination of an issue before it. Without expert testimony … of cumulative evidence.'" Weaver, 219 N.J. at 151. "This determination is highly discretionary." Ibid.; see State v. …
- A-3772-16T4 Opinionnjcourts.gov… tenders the NOI, but from the date it provides the data supporting the NOI. 422 N.J. Super. 399, 422 (App. Div. … into evidence of an expert's conclusions that are not supported by factual evidence or other data. '" (alterations … risk to commit another offense, N.J.S.A. 2C:44-1(a)(3), was supported by the defendant's letter in The first category, …
- A-5276-16T4 Opinionnjcourts.gov… the search warrant during business hours. The affidavit in support of the search warrant included information that a … by the trial court "provided those factual findings are 'supported by sufficient credible evidence in the record.'" … unjust result. R. 2:10-2. 22 A-5276-16T4 V. Normally, our determination on the arguments raised by defendant would end …
- A-5156-15T4 Opinionnjcourts.gov… to represent defendant and filed an amended petition and a supporting 5 A-5156-15T4 certification of defendant. The … prima facie case in support of post-conviction relief, a determination by the court that there are material issues of … be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to …
- A-1380-14T3/A-1781-14T3 Opinionnjcourts.gov… date, in 2008, we affirmed the Law Division judge's determination, holding, [W]hen property increases in value … 9 A-1380-14T3 This court further held: 1) The court's determination to deny interest for the period prior to … defer to the factual findings of the trial judge that are supported by adequate, substantial and credible evidence in …
- A-3621-21 – STATE OF NEW JERSEY VS. ALBERT FRENCH (2-A-2021, HUNTERDON COUNTY AND STATEWIDE) Opinionnjcourts.gov… court found that defendant had not presented evidence to support his argument that he was returning from work at the … de novo. The court deferred to the credibility determinations made by the municipal court judge. See State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-0393-21 - STATE OF NEW JERSEY VS. DARNELL WILSON (13-01-0081, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… order on June 7, 2021, denying defendant's petition. In a supporting oral decision placed on the record on the same … unreasonable and that he ha[d] been . . . prejudice[d]." In support, the judge explained that defendant "was unable to … under the abuse of discretion standard the PCR court's determination to proceed [with or] without an evidentiary …
- njcourts.gov… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … seeking to dismiss plaintiff's complaint against him. In support, Swope submitted various exhibits, including … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- njcourts.gov… MDTV's prospective economic advantage, finding no facts supporting the claim and concluding MDTV had an obligation … 440-441 (2005))). We agree with the judge's threshold determination that the Woodstone mortgage was a valid and … of the property. We also agree with the judge's determination that Kwon's companies were holders in due course …
- njcourts.gov… there was "enough" of a factual record to make the legal determination, and there was no need for further discovery on … 2015, not July 2017 as her current counsel had claimed. For support, Quest relied on the two letters KMH&L sent on July … determined that plaintiff failed to rebut his earlier determination that the records Dr. 14 A-1923-20 Brickner sent …
- njcourts.gov… controlled which circuit. These undisputed facts fully support the court's finding that "HGB knew of the condition … design and construction. Ibid. With respect to our determination defendant did not owe plaintiff a duty to … box, plaintiffs argue that knowledge "does not change the determination that [HGB Realty 2] owed a duty of care, nor is …
- A-2296-21 – STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA (18-08-0487, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … other evidence in the record beyond the cigarettes to support the trial court's conclusion that Officer Royce had … of the other specific and articulable facts. 16 A-2296-21 supported Officer Royce's reasonable suspicion and provided …
- njcourts.gov… you are the sole judges of the facts in this matter. Your determination of the facts must be based solely upon the … won’t he let anyone check it? What is he hiding? I fully support this case to make sure the superintendent follows … concentrate and for teachers to do their jobs. That’s why I support using an AI system to help enforce our school’s …