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… following facts are derived from the evidence submitted in support of and in opposition to the summary judgment motion, … a reasonable time. Plaintiff has provided no facts to support that theory beyond mere speculation. Taking …
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… hearing for all arbitrations. State Farm initially supported Hereford's motion, but later withdrew its support and took no position. Similarly, on this appeal, …
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… because the plain language of the Smoke- Free Act does not support such a reading. West Caldwell's Smoking Ordinance … the plain language of the superseding provision does not support such an interpretation. The word "adopted", as used …
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… his weighing of the sentencing factors was reasonable and supported by credible evidence in the record. See Pierce, … the elements of the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). … There was no abuse of discretion in the judge's determination that based upon the nature of the offense 12 …
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… of sexual assault, endangering the welfare of numerous children, and related offenses. On March 27, 2014, the trial … and a challenge to the sufficiency of the evidence that supported defendant's conviction under the indictment's … IAC claims involves matters of fact, but the ultimate determination is one of law." State v. Harris, 181 N.J. 391, …
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… standard; it 'will uphold the PCR court's findings that are supported by sufficient credible evidence in the record.'" … this strong presumption, and its conclusion is adequately supported. The heart of defendant's theory is that his two …
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… the additional robbery convictions. Defendant provides no support for the assertion that the two additional robbery … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … We disagree as defendant's arguments are factually unsupported by the record and legally meritless. 10 …
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… 1990). However, we add the following remarks. Factual determinations "made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. …
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… filed a motion in opposition to plaintiff's motion and in support of their cross-motion to enforce the settlement. In … the record and set forth specific findings of fact to support its decision, we need not address defendants' second …
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… JUDGE FAILED TO APPROPRIATELY CONSIDER MR. WOOLLEY'S CHILDHOOD TRAUMA AND MENTAL HEALTH DISEASES AS A MITIGATING … health and 12 A-1603-18T4 traumatic episodes of his childhood. In particular, defendant argues the court was … of his or her sentencing deliberations, mitigating factors supported by credible evidence. State v. Case, 220 N.J. 49, …
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… that neither man purchased anything while inside the store" supported the officer's deduction that he witnessed a CDS … pocketing a small unknown object supported the officer’s determination that a drug transaction occurred); see also … to conceal an object is a factor in probable cause determination). The incriminatory nature of the object was …
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… a purported canine behavior expert, furnished a report in support of plaintiff's claim that defendants were negligent. … established a standard of conduct which violation could support a claim for negligence. 408 N.J. Super. 83, 105 …
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… Defendant then moved into plaintiff's house with her two children in 2017. Plaintiff testified he "tried to be a … and he "lend[ed] [defendant] money all the time" to support her and her children. In March 2019, they separated … in its decision and thus, without further findings, its determination to issue an FRO was a misguided exercise of …
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… (requiring 8 A-2437-20 "specific and articulable facts" to support reasonable suspicion to justify a warrantless Terry … the State has not cross-appealed the trial court's determination of an illegal stop. The State argued, and the … not rely on facts that it already deemed inadequate to support reasonable suspicion for the initial stop. We do not …
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… The judge also considered the defense expert report in support of the reconsideration motion and determined a jury … Thus, plaintiff was required to present expert testimony supporting the dislocation of the bit from the dental drill …
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… Cir. 1996)). Frankly, both parties have made arguments that supported the trial court's damages formula when it helped … considered in the damages formula. At that point, defendant supported the formula that it argued against in the previous …
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… stating the rules "shall be construed to secure a just determination, simplicity in procedure, fairness in … to her bad faith conduct. We see no basis to upset that determination. Futrell next contends the order to proceed summarily deprived her of discovery that could support her claims and defenses, thereby denying her due …
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… but allowing the results from the second draw. The judge supported that ruling with a written opinion. The motion … the warrant judge determined that there was probable cause supporting the search and the motion judge independently …
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… respondent and the real party in interest. 6 A-0620-19T1 determination, the judge determined the parties had agreed to … because the Agreement implicates interstate commerce. To support his position, defendant argues he is a resident of … waived defendant's right to seek relief in that forum. To support his contention, plaintiff attempts to advance a …
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… a second time and denied it. She appealed the Board's determination to the OAL as a contested case on March 2, 2012. … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 N.J. at … "bound by an agency's interpretation of a statute or its determination of a strictly legal issue . . . ." Ibid. …