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njcourts.gov
… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
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2C:16-1a(2)
Charges Document PDF
njcourts.gov
… defendant has the burden of establishing that the evidence supporting renunciation is more likely true than not. … the facts and circumstances reflected in the evidence support any inference; you are always free to draw, or to …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Inc., 477 U.S. 242, 250 (1986)). Assertions that are unsupported by evidence "[are] insufficient to create a … opinions constitute mere speculation, 13 A-3535-18T2 unsupported by competent evidential material in the record. … problem with the handle. Where an expert's findings are not supported by proper factual evidence, it constitutes a net …
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njcourts.gov
… following background information. Amy has suffered since childhood from a debilitating disease that, among other … Amy resides. Under the ASP Management Trust Agreement, determinations regarding the management of trust assets and … court "clearly applied the wrong burden of proof" is unsupported by any reference to the record or to the words the …
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njcourts.gov
… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
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njcourts.gov
… 23, 2019, defendant filed his petition for PCR and a supporting certification dated January 9, 2019. In his … his parents to challenge James' credibility. In further support of his PCR petition, defendant filed a June 20, 2019 … hearing, we review the judge's legal and factual determinations de novo. State v. Aburoumi, 464 N.J. Super. …
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njcourts.gov
… may be held liable for risks that would be too remote to support liability at common law. See Stevens, 356 N.J. … 1980) (holding that x-ray exposure was a "physical contact" supporting recovery for emotional suffering where immediate …
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njcourts.gov
… it did not constitute a marital asset. He noted that Vann's supporting certification did not mention the PSA or provide … after year since 1993." Warner presented no evidence to support his claim. Once the parties got divorced, he acted …
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njcourts.gov
… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
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njcourts.gov
… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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njcourts.gov
… Maria Gatta, LLC’s challenge to a sales tax audit determination.1 For the 1 There was also a “spin-off” audit of … 186 (Tax 2006)). A naked assertion by the taxpayer without support is insufficient to rebut an audit determination. Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at …
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njcourts.gov
… This opinion following trial shall serve as the court’s determination concerning the challenge by plaintiff, Plaza … comparable rents. The Municipal Assessor made a value determination of $27-$28 per square foot for the entire … was based on a property class mischaracterization but supported his argument with subjective evidence which the …
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njcourts.gov
… are based on the certifications and exhibits submitted in support of and in opposition to the motion. EGDC, a New … ingress, egress, and parking lots for” the HPI Parcels. In support of its argument, Rutherford emphasizes that Section …
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njcourts.gov
… State drew heavily from Clark's and the CI's testimony in support of its argument defendant distributed the subject … crack cocaine sold to the CI, but the record does not support this claim. Clark voiced an opinion consistent with …
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njcourts.gov
… A-4504-14, the Planning Board and the City, as intervenor, supported by amicus curiae FWB, appeal from a February 4, … of the County Board's own engineering consultant, and unsupported by the evidentiary record. Therefore, the trial … the trial judge that the County Board's decision was not supported by the record, and the Freeholder Board's decision …
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njcourts.gov
… counsel's] application is premature. There has been no determination by this [c]ourt or a finder of fact that there … is clear to us that he implicitly applied these criteria to support his decision. Thus, the judge found plaintiffs had … § 1983 because the trial judge did not make "a final determination on the merits holding that defendants engaged in …
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njcourts.gov
… been tainted." R.D., supra, 169 N.J. at 559. To make that determination, the court must consider "the gravity of the … Defendant believes raising the inference of retaliation unsupported by the record was an attempt to bolster the … victim was shot in the middle of a crowd. The determination this act requires deterrence is well founded. …
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njcourts.gov
… because our Legislature has made a public policy determination that what she did on October 31st, 2008, … contract that she must be imprisoned. This public policy determination that prison is mandatory is indeed finally all … the second to defendant, was both eminently reasonable and supported by the record. The judge did not shirk from …