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… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
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… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
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… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
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… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
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… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … was not equipped with code complaint handrails to help her support herself or arrest her fall." After Karen got up, she … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
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… or modifications and any attachments, addenda or other supporting documents." 4 A-1984-20 The Terms and Conditions … 216 N.J. 1, stay denied, 216 N.J. 314 (2013). Without a determination of whether this was or was not a prevailing wage … motion, asserting it filed a "reply letter brief in further support" of that motion. As parties are prohibited from …
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… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … by undue means, nor contrary to law. We find it fully supportable in the record. Policemen's Benevolent Ass'n, 205 …
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… and pressure redistributing support" to prevent the development and deterioration of … was not required to solely point to an academic treatise to support her opinions and instead may rely on applicable … are genuine issues of material fact that require a jury's determination. Dr. Soiferman acknowledged that decedent's …
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… whether the facts and circumstances shown by the evidence support an inference [of defendant's guilt.]" The jury found … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. Nevertheless, even … persuaded, and our review of the cases does not reveal any support for such a proposition. In Mathis and Terrell, we …
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… its review, the three-member panel concluded "the factors supporting the denial of parole[] are of such a serious … The Board affirmed the two-member panel's January 3, 2018 determination denying parole and the three-member panel's … assessing [his] case, concur[red] with the Board panel's determination to deny parole." The Board also agreed with the …
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… described the crime and characterized the evidence supporting guilt as follows: Nineteen-year-old Elizabeth Ann … considered defendant's age, intellectual disability, early childhood emotional and physical trauma, and substance abuse … convicted of homicide but reaffirmed and expanded its determination in Graham [v. Florida, 560 U.S. 48 (2010)] that …
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… court's decision so long as those findings are 10 A-3899-19 supported by sufficient credible evidence in the record." … raw marijuana is detected, probable cause has been found to support even a warrantless search of a vehicle's trunk when …
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… accepting A-1095-16T3 9 as true all the evidence which supports the position of the party defending against the … negligence per se. The Court observed: Ordinarily, the determination that a party has violated a statutory duty of … to plaintiff. The testimony from plaintiff's expert fully supported their contention that defendants owed plaintiff a …
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… the Attorney General filed an amicus brief in further support of the prosecutor's arguments, while the Office of the Public Defender filed an amicus brief supporting private defense counsel's opposition.3 The State …
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… intoxication – even when produced voluntarily – may support a finding that the victim could not consent, we consider the level of intoxication required to support such a finding.6 It is 4 To be sure, the Legislature …
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… of regulation, [which] preserves the Legislature's determination to effect a broad delegation of enforcement … expertise of the agency." Id. at 192. The cases did not support preempting the court from addressing the kind of … or common law claims in Superior Court. Our conclusion is supported by the Attorney General, who, through the Division …
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… or tasks. Many of those involved his new role as the children's primary caretaker, as he had lost his job and his … that his compliance with release conditions for over a year supported further relaxation of the conditions, which he … purpose of this proceeding" as it related to "credibility determinations that must be made by a jury." The court …
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… mortgage equitably subrogated to first lien position. In support of its motion, plaintiff submitted the certification … a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with … we conclude that the judge’s factual findings are amply supported by the record and his legal conclusions are …
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… litigation regards the Hackensack Planning Board's zoning determinations and ordinances adopted in the City's … Plaintiff moved for $14,560.20 in counsel fees, supported by an affidavit of services pursuant to N.J.S.A. … Fees We reject the parties' challenges to the counsel fee determination. OPRA allows a prevailing party to receive …
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… findings by a court "are binding on appeal when supported by adequate, substantial, credible evidence." … PDVA, the Family Part is required to make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … woman's syndrome to make 11 A-0425-23 credibility determinations and findings without any testimony regarding …