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njcourts.gov
… "to be construed so broadly." Id. at 627. Instead, "the determination of whether a police officer is engaged 'in the … unreasonable for liability to attach. The TCA does not support this argument. A public employee is liable for an … to Ogborne v. Mercer Cemetery Corp., 197 N.J. 448 (2009) in support of the contention that a heightened "palpably …
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njcourts.gov
… his injuries; 2) the amount of damages was excessive and unsupported by the evidence;2 3) the judge erred in admitting … award of future medical expenses and past lost wages was unsupported by the record; 5) the summation by plaintiff's … to an outcome. For these reasons, the judge's determination to admit this evidence was not an abuse of …
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njcourts.gov
… A PROPER ANAYLSIS OF THE AGGRAVATING FACTORS DOES NOT SUPPORT SUCH A SENTENCE. POINT V: UNDER STATE V. YARBOUGH, … 804(a)(3) does not require a court to make a factual determination whether a witness in fact recalls his prior … mandate that a court, let alone a jury, make a factual determination whether a witness's claim he lacks memory of the …
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njcourts.gov
… action in lieu of prerogative writs to appeal the board's determination that variances were not required. On March 2, … plaintiffs rely on the validity of the ordinances in support of their claim that the zoning board should have … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
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njcourts.gov
… "materially inaccurate" and lacked "sufficient evidential support." He found that the LOI did not expire on June 30, … development was extensively analyzed, and ultimately supported, by the . . . Township's governing body, the … management proposal), relied upon by defendants to support their contention that conditional approval was …
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njcourts.gov
… proceeded to extract favorable testimony from Dr. Hua to support his self-defense theory, emphasizing that the shot … defense counsel characterized Dr. Hua’s testimony as supportive of a self-defense theory. He argued that “Dr. … extract as much favorable testimony from Dr. Hua as might support his self-defense theory. Through Dr. Hua’s …
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njcourts.gov
… and orderly disposition of [outstanding] charges and determination of the proper status of any and all detainers … so broadly. According to the State, New Jersey case law supports the denial of credit for out-of-state pre-trial … and orderly disposition of [outstanding] charges and determination of the proper status of any and all detainers …
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njcourts.gov
… THEN SHOT; WITHOUT SUFFICIENT EVIDENCE TO TRULY AND FULLY SUPPORT HER THERORY [SIC]. PRO SE POINT VI THE TESTIMONOY … door. Christina Rivera, who is the mother of defendant's children, answered the door. Rivera told S.B.W. she did not … that on April 10, 2012, he had been home with Rivera, their children, and 14 A-4341-15T2 some friends, with whom he had …
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njcourts.gov
… officer, jumped a fence, and tried to jump another. That supported a reasonable inference the second male was one of … guilty of the [hindering] offense. Once the jury made its determination, the court did not commit any error . . . by not … or name the hindered offense. "[T]o facilitate the determination of the grade of the offense," the verdict sheet …
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njcourts.gov
… or the four corporations. The trial court's ruling was supported by the language of the August 2014 settlement … burden of pro[of]," the "inquiries involve fact-specific determinations that must be resolved on a case-by-case basis," … from making the fact-sensitive inquiry and fact-specific determinations, and balancing, all of which should be done by …
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njcourts.gov
… has not provided a particularly compelling factual basis to support his mode-of-operation argument, he presented enough … source of the liquid exceeded the scope of the in limine determination. The admission of this improper testimony was … as follows: [T]he expert, presumably, is basing his determination that there was a liquid on the plaintiff's …
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njcourts.gov
… intent of the parties for entering Agreements 1 and 2 support the conclusion that delivery of the 2nd Deed in Lieu … issue with the New Jersey Tax Court proceeding with the determination of his pending tax appeals. As noted above, … remedy which must be sparingly used. Given the Trustee’s determination to not pursue the issue when these appeals were …
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njcourts.gov
… Plaintiff has failed to state with sufficient facts to support that Defendant herself engaged in fraudulent … 18, 22. These allegations, as stated, are insufficient to support the notion that Defendant, in her unique position as … Title to First American. Therefore, there are no facts to support the imposition of partnership liability in this …
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njcourts.gov
… not raised in his merits brief, we do not consider it in support of his appeal. See Drinker Biddle & Reath LLP v. … deliberative process. The request for removal was also not supported by a reason wholly personal to juror two, as such … to Lincoln Park for disposal." Our review of sentencing determinations is limited and governed by the "clear abuse of …
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njcourts.gov
… way the concrete was presently constituted, it could not support the structure because the slab was absolutely unable to support a three-story building that was intended to be … The Association claimed "consequential damages" to steel supports and sheet rock from the defective construction. The …
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njcourts.gov
… from the November 3, 2014 order embodying that judge's determinations. On review, we found the Law Division judge's determinations that defendant was guilty of these three … right to a speedy trial was not violated, were unsupported by any factual findings, as required by Rule …
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njcourts.gov
… if, accepting as true all the evidence which A-5194-10T4 9 supports the position of the party defending against the … an intervening superseding cause of the accident.8 That determination was consistent with Klemm's testimony that the … the record contained legally competent factual evidence to support that opinion. Laughery pointed out that plaintiff …
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njcourts.gov
… pointed to the "extra concern about a mother protecting her children that was persuasive." The court entered an FRO at … Moreover, the urgent rush to trial the following day is not supported by the record. It was within the bounds of the … courts should defer to the trial judge's credibility determinations). We discern no basis on this record to …
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njcourts.gov
… as well as the award of sanctions, are reasonably supported by the record Marchisotto has put before us. … As best we understand it, Marchisotto is one of three children of the decedent, John L. Marchisotto. He has two … irrevocable trust, but, rather, he is seeking his and his children's appropriate share thereunder." Although we've not …
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njcourts.gov
… upon Rule 1:12- 1 and finding there were no facts to support his recusal under the rule. As to the motion to … 173 (App. Div. 2000). As such, we review a trial judge's determination de novo. Manalapan Realty, L.P. v. Twp. Comm. of … a final judgment on the 19 A-2302-19 merits; (4) the determination of the issue was essential to the prior …