-
njcourts.gov
… 201, 214 (App. Div. 1995), we reversed the trial court's determination that expert testimony was unnecessary. We … claims. We recognize that an AOM is not required to support a breach of contract claim that does not implicate a … defendants breached that standard, an AOM was needed to support plaintiffs' claims. D. Finally, we reject …
-
njcourts.gov
… substantive. If it is but one step in the ladder to final determination and can effectively aid a court function, it is … Moreover, ABC presented no legally competent evidence to support its claim 4 ABC's counsel indicated at oral argument … to be applied prospectively only. The caselaw ABC cites in support of this position, however, relates to substantive …
-
njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … (App. Div. 1999). However, we review the trial court's determinations on legal issues de novo. In re Pantano, 428 … proof of fraud against" BANA. The record supports that determination. Defendant has not provided any evidence or …
-
njcourts.gov
… knew Newmones because he was the father of her sister's children. Lamb testified that she gave Newmones two … findings based on live testimony so long as they are supported by "sufficient credible evidence in the record." … law and fact, [this court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
-
njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … doctrine' in this State because the record here does not support the asserted claim." 236 N.J. at 518. 9 A-0421-19 … and not 'ring[ing] true.'" We conclude the record supports Judge Ironson's credibility findings that there was …
-
njcourts.gov
… has failed to provide the pertinent parts of the record supporting his ineffective-assistance-of-counsel claim and, … arguments requested by the defendant that the record will support ," and, "[i]f defendant insists upon the assertion …
-
njcourts.gov
… appointed to represent defendant and submitted a brief in support of the petition. Counsel argued trial counsel … regard. 13 A-3762-19 Judge Escandon's findings are fully supported by the record. His legal analysis and conclusions …
-
njcourts.gov
… contention that there was insufficient evidence to support his conviction of attempted criminal trespass. The … was twice questioned by defense counsel on the record. In support of that argument, the State relies on the Supreme …
-
njcourts.gov
… of plaintiff's symptoms. The judge concluded the record supported the jury's verdict and found no juror misconduct. … by both sides after discussion and modification." Supporting his decision, he noted "it's not mandatory that … should have taken affirmative steps to make an objective determination of potential prejudice. The right to trial by a …
-
njcourts.gov
… doubt about his responsibility for the murder. In support of his argument, defendant relies on an uncertified … his 2013 petition. 8 A-4460-17T2 offered no evidence to support his claim he was unable to uncover the victim's …
-
njcourts.gov
… or substantive grounds, finding the record "adequately support[ed]" defendant possessed the drugs and guns … his request for an evidentiary hearing. The record amply supports the PCR judge's findings and conclusions. Defendant …
-
njcourts.gov
… filed a letter brief in opposition on April 18, 2016. In support of her motion to amend, plaintiff certified that … motion to amend." Because the court's factual findings are supported by substantial credible evidence in the record, …
-
njcourts.gov
… 21, 2015, plaintiff filed a motion for summary judgment. In support of that motion, plaintiff submitted a certification … had authority to sign the assignment on behalf of MERS. In support of this contention, defendants rely upon what …
-
njcourts.gov
… DWI defendant need not have actual knowledge of the facts supporting the contentions that underlie his discovery … that the destruction of evidence is overcome by the determination that Officer Henriquez's "credible" testimony … his assertion that the bottles were unopened, lending support to defendant's testimony that he had not been …
-
njcourts.gov
… ordinarily should not disturb an administrative agency's determinations or findings unless there is a clear showing … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Virtua-West Jersey … court would come to the same conclusion if the original determination was its to make, but rather whether the …
-
njcourts.gov
… have not asserted the trial court's findings are unsupported by the motion record. In fact, the Orange defendants cite to the trial court's opinion as support for significant portions of the statement of facts … 142 N.J. 520, 540 (1995); R. 4:46-2(c)). A trial court's determination that a party is entitled to summary judgment as …
-
njcourts.gov
… C. Fallon, III, argued the cause for respondent (Fox Rothschild LLP, attorneys; Mr. Fallon, Adam Busler and Nathan M. … be submitted to arbitration. In a June 14, 2016 order, supported by a written opinion, Judge Paula T. Dow denied … if it is then available. Logically, this clause appears to support defendant's position that Re/Max intended to require …
-
njcourts.gov
… beyond a reasonable doubt." Notwithstanding the BCPO's determination, on February 2, 2017, the municipal court judge … charges in the absence of sufficient admissible evidence to support a conviction." [citation omitted.] This appeal … FACP's decision not to pursue a prosecution because the determination "was tainted by the conflict [Brennan is …
-
njcourts.gov
… she acted recklessly. Defendant's admission does, however, support an inference that she was mentally competent at the … committed at SOMC is probative evidence that would support a finding that defendant was mentally competent when …
-
njcourts.gov
… pat down, and the search incident to defendant's arrest was supported by the requisite levels of either articulable … omitted).] We will "reverse only when the trial court's determination is so clearly mistaken that the interests of … that of others was in danger. Terry, 392 U.S. at 27. The determination is fact sensitive and requires an evaluation of …