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- njcourts.gov… the damaged part of the road that caused the accident." In support of William's liability assertions against NJT, his … railroad tracks caused William's accident. The judge's determination that Kreuger's testimony was only speculative … defect which caused William's accident is a credibility determination to be made by a finder of fact and not a legal …
- ANDREW J. SHECHTEL VS. DIRECTOR, DIVISION OF TAXATION (TAX COURT OF NEW JERSEY) - Unpublished Opinionsnjcourts.gov… application of the loss on Shechtel's 2010 return. In support of its order, the Tax Court issued a comprehensive … of law. The Division cross-appealed from the Tax Court's determination that it was not entitled to interest or … For the reasons that follow, we reverse the Tax Court's determination as to Shechtel's tax liability and affirm its …
- STATE OF NEW JERSEY VS. ROBERTO C. GRILLO (16-05-0354, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… who lived in the home with his mother, Rivera's three other children, and Vega's two children. After appropriate … changes tack and now argues the search warrants were not supported by requisite probable cause.9 The argument … courts 'accord substantial deference to the discretionary determination resulting in the issuance of the [search] …
- STATE OF NEW JERSEY VS. STEVEN L. BOOKMAN (18-01-0010, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… PROBABLE CAUSE 3. POLICE LACKED REASONABLE SUSPICION TO SUPPORT A TERRY STOP AND FRISK POINT II DEFENDANT'S ALLEGED … 192 N.J. 244. Relatedly, a trial judge's credibility determinations should be upheld if such determinations are supported by sufficient, credible evidence. …
- STATE OF NEW JERSEY VS. RASHAWN BOND (10-03-0288, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… notes. Defendant moved for a new trial arguing the notes supported his duress defense and the State was grossly … The court therefore invokes R[ule] 1:1-2 to secure a just determination, simplify procedure and eliminate unjustifiable … (citations omitted). "Appellate review is limited to a determination of whether the trial court could reasonably have …
- njcourts.gov… not militate such a finding. In Shah's opinion, Gerbig's determination of the town's responsibility for waste on lot 28 … appeal followed. II. When we review a trial court's final determination in a non-jury matter, we do "not disturb the … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… and 4 Mestek has supplied us Steingart's certification supporting the reconsideration motion. But we do not have Atlantic's supporting brief, and no oral argument was heard. We gather … Id. at 1019. For two reasons, the case does not support enforcing Mestek's website terms. First, the …
- njcourts.gov… are required to make an adequate legal argument" in support of the issues they raise. 700 Highway 33 LLC v. … public assembly risk management expert's report, supported a conclusion that the MCIA's exercise of … was made in the face of competing demands and its determination was not palpably unreasonable." The judge found …
- njcourts.gov… contention in Point I and affirm the court's pretrial determination denying defendant's motion to suppress the gun … vehicle on the side of the road closest to defendant. In support, defendant primarily relies on State v. Rosario, 229 … judge's factual findings "so long as those findings are supported by sufficient evidence in the record." State v. …
- njcourts.gov… every 9-1-1 call that comes in. What I am saying is that in support of our investigation if we find something … to this court, and to the Plaintiff, together with any supporting documents, then another hearing will be scheduled … to get involved with the case and they could make a determination as to whether or not there's any relevancy or …
- njcourts.gov… to the de novo standard of review, and the trial court's determination of such issues is accorded no deference. Kaye v. … they owned and netted $175,953.81 from the sale, supporting their claim they had assets. According to Ahmed, … relationship," and their resolution required a determination of the amount of rent owed. The slander …
- njcourts.gov… the RICO claim. We reject, however, the trial court's determination that plaintiffs' common law causes of action … by the enterprise members violated insider-trading laws and support their RICO claim. A-0963-12T1 17 According to … Kynikos and Third Point also sought a choice- of-law determination, arguing New York law both governed plaintiffs' …
- njcourts.gov… (1) Brandon Epstein & Bryce Garreth Westlake, Determination of Vehicle Speed from Recorded Video Using … Detective Epstein directed an assistant to place a height determination board onto the live scene in the exact location … that “a technique that has garnered only minimal support within the scientific community ‘may properly be …
- njcourts.gov… for impeachment constituted error, id. at 437,5 a determination the State does not presently challenge. However, … right to testify on his or her own behalf, are denied. As support, he cites language from Luce v. United States, 469 … The Attorney General supports the Appellate Division’s determination. The Attorney General argues that the Whitehead …
- njcourts.gov… the certifications submitted by plaintiff and Director in support of their respective motions. During all the years in … 2, 2020. On December 16, 2020, Taxation issued a final determination upholding the finding of responsible person … of responsible party but did not appeal the underlying determination of responsible party status or the amount of the …
- STATE OF NEW JERSEY VS. AYONI WILLIAMS (17-08-2129, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… challenge to prove a race- or ethnicity-neutral basis supporting the peremptory challenge. In gauging whether the … court's balancing of aggravating and mitigating factors is supported by competent evidence in the record. State v. … and the existence of credible evidence in the record to support the court 's finding of aggravating and mitigating …
- njcourts.gov… Courts shall not engage in estranged construction to support the imposition of liability or write a better policy … the relevant policies of the other affected states in the determination of the particular issue; (4) the protection of … (6) the uniformity of result; and (7) the ease in the determination of an application of the law to be applied. …
- njcourts.gov… remanding the case for the trial court to make that determination first. Id. at 572 n.6. The Court granted … the appellate panel’s remand to the trial court for a determination of whether defendants’ other bases for seeking … rely heavily on Finderne and Princeton Healthcare to support their contention that the CFA should not apply in …
- John Paff v. Ocean County Prosecutor’s Office (078040) (Ocean County and Statewide) - Published Opinionsnjcourts.gov… Appellate Division panel affirmed the trial court’s determination. 446 N.J. Super. 163, 177 (App. Div. 2016). The … 40A:14-118, cited by the Appellate Division majority in support of its conclusion that the General Order was … and the Court reverses the Appellate Division panel’s determination on that ground. (pp. 26-28) 3. The Court next …
- Edan Ben Elazar v. Macrietta Cleaners, Inc. (078079) (Union County and Statewide) - Published Opinionsnjcourts.gov… because plaintiffs put forward a reasonable basis to support a determination that the claim against the public entity was … plaintiffs put forward a reasonable basis to support a determination that the claim against the public entity was …