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- njcourts.gov… findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless we are "'convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 2006 lease, we agree with the trial judge's alternative determination that Golf impliedly consented to A-2113-12T2 18 …
- njcourts.gov… further concluded that the Monsey Rabbinical Court's determination "included referring the matter back to Rabbi … of final judgment confirming the arbitration award. In support of that motion, plaintiff's attorney certified that … he "would make that decision after the tribunal made its determination as to the format of the proceedings." The …
- njcourts.gov… action with plaintiffs' pending arbitration proceeding. In support of its motion, SAI argued that the arbitration … named defendant, we would agree with the trial court's determination that the holding in Alfano is controlling … to the arbitration provision of the employment agreement is supported by the different provisions of the two agreements …
- Judiciary Email Retention Policy and Destruction Protocol Administrative Directivesnjcourts.gov › attorneys › administrative directives… and disposal of records and files of any court or court support office." The regulation of records by the Court is … within the scope of records and files of any court or court support office. Rule 1 :32-2 (Books and Records) (a) …
- A-3981-18T3 Opinionnjcourts.gov… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … $55,500 for its work at Lanes Mill. However, the judge's determination that Steven adequately demonstrated that Jupiter was due the lesser amount is supported by sufficient credible evidence in the record and, …
- A-4128-18T4 Opinionnjcourts.gov… from the accident and plaintiff's medical records did not support that he was asymptomatic prior to the accident. … abused its discretion, we will not reverse an evidentiary determination unless we conclude it "was so wide of the mark … Pursuant to N.J.R.E. 607, "for the purpose of impairing or supporting the credibility of a witness, any party . . . may …
- A-0818-18T2 Opinionnjcourts.gov… the sound discretion of the trial court. As a discovery determination, a trial court's grant or denial of a motion to … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the … of the sidewalk at the time of her fall. No evidence supported plaintiff's argument the uneven portion of the …
- A-0851-19T1 Opinionnjcourts.gov… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … courts serve in ratifying plea agreements lends additional support to the principle that appellate courts owe deference … especially because the Law Division judge's ruling finds support by what is not in the record. Specifically, the …
- A-3194-18T2 Opinionnjcourts.gov… representations made by defense counsel at oral argument unsupported by defendant's expert, and on the unsupported supposition the vehicle that was the alleged lemon … the vehicle "has been sold back to FIAT" and she attached supporting documents evidencing the car had been sold back …
- A-1380-20 Opinionnjcourts.gov… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones, 230 N.J. at … substantial compliance factors identified in Galik do not support a finding of substantial compliance by the Board. … deficiencies of the August 2, 2018 letter are too great to support the application of a substantial compliance …
- A-2929-20 Opinionnjcourts.gov… the repayment of these loans. The promise to repay was supported by mortgages held by the bank on defendants' … due the bank. His predecessor also did not make this determination but he came the closest when he found, as … we, however, now recognize the need for a precise determination. Until there is a definitive finding about what …
- A-0656-20 Opinionnjcourts.gov… maintain a healthy lifestyle and to set a good example for children in the schools where she worked. Abraham testified … Club. [Abraham] told her [ the school] had enough staff to support morning care and that she could attend if she would … morale . . . ." We first address the compensation judge's determination that the injury was not compensable under the …
- A-1067-19 Opinionnjcourts.gov… State v. Rodriguez, 365 N.J. Super. 38 (App. Div. 2003), in support of his argument is misplaced. In Rodriguez, the … error as there was overwhelming evidence in this case to support the jury's guilty verdict. Because we reject each of …
- A-1386-19 Opinionnjcourts.gov… 154 N.J. 394, 411 (1998). "[W]e do not overturn those determinations unless the court abused its discretion, failed … legal principles or made findings inconsistent with or unsupported by competent evidence." Storey v. Storey, 373 N.J. … 154 N.J. at 413. We must defer to the judge's factual determinations, so long as they are supported by substantial …
- A-4546-19 Opinionnjcourts.gov… He also described being evaluated in 2009 resulting in a determination that he was "not competent" but reevaluated two … only when: 1) a defendant establishes a prima facie case in support of PCR, 2) the court determines there are disputed … counsel to plead guilty and to not withdraw his plea are unsupported by the record. In defendant's pro se PCR petition, …
- A-3905-19 Opinionnjcourts.gov… most favorable to the petitioner, there is prima facie support for post-conviction relief. R. 3:22-10(b). To … reasonable strategic choice. Such strategic choices do not support a finding of deficient performance. Fritz, 105 N.J. … severance under 5 The State has not cross-appealed that determination. 18 A-3905-19 the case law would have …
- 2C:16-1a(1) Charges Document PDFnjcourts.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 …
- A-1115-20 Opinionnjcourts.gov… in her taxi at the time of the accident – a woman and two children. Because Calopina's passengers left the scene of … judgment action against KnightBrook, seeking a judicial determination KnightBrook had an obligation to defend and … the second Hager variable superfluous. The facts in Hager support this distinction between the two variables. In …
- Initial Case Management Order Documentnjcourts.gov… pro hac vice shall apply to formal notice of motion with supporting affidavit and proposed form of order, in … MESH LITIGATION", then only one (1) copy of the motion and supporting documents need be supplied with a cover letter …
- A-4621-19 Opinionnjcourts.gov… Nacamuli and Hawke. Our review of a trial court's legal determination is plenary. D'Agostino v. Maldonado, 216 N.J. … or damage from animals. The statutory language does not support this cramped application. Merely because the statute … Anderson LLP v. Carlisle, 556 U.S. 624, 631 (2009) in support of the trial court's order requiring plaintiff to …