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- njcourts.gov… responded to Route 52, stating Section 106.20 "clearly support[ed] that proceeds and adjustments to any BR[I] claim … interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
- njcourts.gov… prejudice.1 Because we see no error in the trial court's determination that plaintiff failed to file an affidavit of … also revives the argument proffered to the trial court in support of the reconsideration motion that the required … care facility." We affirm the trial court's threshold determination that Rose Garden is a health care facility …
- njcourts.gov… to hear testimony from various expert witnesses in support of the 2021 Application. After completion of the … 'so necessary or commonly to be expected that it cannot be supported that the ordinance was intended to prevent it.'" …
- IN THE MATTER OF THE ESTATE OF OLGA DORNIC (P-000532-20, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… decedent died intestate. Decedent never married, had no children, and was not survived by a parent, sibling, or … Takach Scheper, executed renunciations of administration in support of DiPaolo's application for administration. 3 … to forego applying the doctrine of unclean hands was supported by substantial credible evidence in the record and …
- STATE OF NEW JERSEY VS. ALPHONSE ANDERSON (16-06-0388, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… when "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … and stress, must not be "speculative" and must be "supported by affidavits or certifications based upon the …
- STATE OF NEW JERSEY VS. EDWARD M. PLAZA (16-09-0623, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… an evidentiary hearing, we review its legal and factual determinations de novo." State v. Aburoumi, 464 N.J. Super. … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … counsel effectively subverted his prospective waiver." In support of that contention, defendant states in his PCR 14 …
- njcourts.gov… PROVISION WAS PROCEDURALLY UNCONSCIONABLE WAS NOT SUPPORTED BY ADEQUATE, SUBSTANTIAL AND CREDIBLE EVIDENCE. A. … (quoting Rudbart, 127 N.J. at 353). "The 15 A-2421-22 determination that a contract is one of adhesion, however, 'is … arbitration provision on unconscionability grounds was not supported by adequate, substantial, and credible evidence. …
- njcourts.gov… to defendants, arguing that the law and facts do not support summary judgment. In another argument, plaintiff … and rejected plaintiff's contentions because they were not supported by evidence, and the undisputed material facts …
- STATE OF NEW JERSEY VS. MICHAEL WASHINGTON (18-01-0045, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State … defendant. His analysis of the Yarbough factors supported consecutive sentences. II. The other arguments …
- njcourts.gov… difference between the $587,986.40 the detective alleged supported the money laundering charges and the more than … presented sufficient evidence before the grand jury to support the charges of financial facilitation in accordance …
- njcourts.gov… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … provision. Additionally, we note plaintiff has not provided support for the proposition that a failure to comply with … argument that defendant knew about the lawsuit is unsupported by the record. See Viviano, 101 N.J. at 552. …
- njcourts.gov… verified complaint and certifications which were filed in support of the application for restraints in front of [the … in which the defendants were then engaged. It was also supported by emails from [Jay] Williams to Pulte and, …
- KINGSLEY OKITUAMAH VS. RICHARD O'MEARA, ET AL. (L-2286-19, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Turning to count two, RU's attorney argued there was no support in the record to demonstrate a "disability-based … See Godfrey, 196 N.J. at 196. Nor does the motion record support plaintiff's harassment claim based on a disability …
- njcourts.gov… 2 and Conservation Officer 3 "to provide law enforcement support to allow for the harvest of oysters from [the] … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … on other grounds, 244 N.J. 1 (2020). "[If] an agency's determination . . . is a legal determination, [the appellate …
- njcourts.gov… shown and "an absence of prejudice to . . . defendant." In support, plaintiff primarily relied on Audubon Volunteer … order. See R. 4:50-2. The judge also found that a motion supported by Rule 4:50-1(b) through (e) was time barred, and … principles, we discern no abuse of discretion in the determinations made by the judge and affirm substantially for …
- STATE OF NEW JERSEY VS. TARI D. TURPIN (14-05-0885, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 2013, at about 4:30 a.m., defendant, with his two infant children and the children's mother, were riding a PATH train … judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … II, slip op. at 22. We disagree with the PCR judge's determination that trial counsel's strategic decision to forgo …
- njcourts.gov… the trial court's factual findings under the CFA did not support its conclusions of law. Defendant seeks affirmance … vehicle," and the amount owed was $28,632.24. However, in support of its claim that the transaction was a "lease …
- STATE OF NEW JERSEY VS. JAMES CRAWFORD (19-02-0187, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… N.J. 1, 13 (2021). The plain error standard requires a determination of: "(1) whether there was error; and (2) … (2018)). Finally, "[a]ppellate courts review sentencing determinations in accordance with a deferential standard." … if there was independent evidence of a conspiracy. In support of this position, defendant relies on a dissenting …
- STATE OF NEW JERSEY VS. DEVONTAE MILLS (22-06-0299, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … containing the gun and magazine was seized prior to any determination to impound the vehicle. Under these … magazine was invalid. V. We now address the trial court's determination that the warrantless seizure of the satchel was …
- njcourts.gov… judgment. 7 A-2670-22 Defendants made several arguments in support of summary judgment: plaintiff failed to adduce … law. Plaintiff responded, contending the damages claim was supported by: the conversations between plaintiff and …