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- njcourts.gov… Our review of the record, however, reveals sufficient support for the conclusion that defendants were subject to … N.J. at 447. Our review of the record reveals insufficient support for the trial court's conclusion that defendants …
- njcourts.gov… for Comtron in any of the pending litigations—as further supported by . . . Wiesner's continued claims—by … Westfield, 17 N.J. 67, 76 (1954). "[E]vidence submitted in support of a motion for summary judgment must be …
- 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 …
- A-3679-21 – STATE OF NEW JERSEY VS. EDWARD M. PLAZA (16-09-0623, UNION COUNTY AND STATEWIDE) Opinionnjcourts.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… 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, …
- 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. …
- A-2596-21 – STATE OF NEW JERSEY VS. MICHAEL WASHINGTON (18-01-0045, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- Civil Appeal Manual Documentnjcourts.gov… two documents, a Notice of Motion and a place to add the supporting document. Click on the edit button for each entry to review the Notice of Motion and to upload the supporting document. When reviewing the Notice of Motion, if …
- A-2001-21 – KINGSLEY OKITUAMAH VS. RICHARD O'MEARA, ET AL. (L-2286-19, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- A-0480-21 - ELIZABETH JOHNSON VS. CARE ONE AT TEANECK (L-6745-17, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… the causation of the injury to begin with was. In order to support a causal connection between the act complained of … OF MATERIAL FACT SHOULD HAVE BEEN SUBMITTED TO A JURY FOR DETERMINATION. II. THE TRIAL COURT ERRED IN FINDING THAT A … a "motion for summary judgment should be denied when determination of material disputed facts depends primarily on …
- A-2043-22 – STATE OF NEW JERSEY VS. DEVONTAE MILLS (22-06-0299, SOMERSET COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- Glossary of AI Terms for NJ Judges Documentnjcourts.gov… containing actionable knowledge or information that can support a variety of human or technical functions, including … services. It suggests a future iteration of the internet, supporting persistent online 3D virtual environments through …
- A-3188-21 – STATE OF NEW JERSEY VS. TARI D. TURPIN (14-05-0885, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.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… 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 …
- 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 …
- 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 …
- A-0153-22 – STATE OF NEW JERSEY VS. JAMES CRAWFORD (19-02-0187, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- A-2414-21 – IN THE MATTER OF THE ESTATE OF OLGA DORNIC (P-000532-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.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 …