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- A-1095-16T3 Opinionnjcourts.gov… accepting A-1095-16T3 9 as true all the evidence which supports the position of the party defending against the … negligence per se. The Court observed: Ordinarily, the determination that a party has violated a statutory duty of … to plaintiff. The testimony from plaintiff's expert fully supported their contention that defendants owed plaintiff a …
- A-3899-19 Opinionnjcourts.gov… court's decision so long as those findings are 10 A-3899-19 supported by sufficient credible evidence in the record." … raw marijuana is detected, probable cause has been found to support even a warrantless search of a vehicle's trunk when …
- 2C:16-1a(2) 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-5064-17T3 Opinionnjcourts.gov… of regulation, [which] preserves the Legislature's determination to effect a broad delegation of enforcement … expertise of the agency." Id. at 192. The cases did not support preempting the court from addressing the kind of … or common law claims in Superior Court. Our conclusion is supported by the Attorney General, who, through the Division …
- A-0044-20 Opinionnjcourts.gov… litigation regards the Hackensack Planning Board's zoning determinations and ordinances adopted in the City's … Plaintiff moved for $14,560.20 in counsel fees, supported by an affidavit of services pursuant to N.J.S.A. … Fees We reject the parties' challenges to the counsel fee determination. OPRA allows a prevailing party to receive …
- A-1261-19 Opinionnjcourts.gov… mortgage equitably subrogated to first lien position. In support of its motion, plaintiff submitted the certification … a motion for summary judgment under Rule 4:46-2, the determination whether there exists a genuine issue with … we conclude that the judge’s factual findings are amply supported by the record and his legal conclusions are …
- A-0599-20T6 Opinionnjcourts.gov… or tasks. Many of those involved his new role as the children's primary caretaker, as he had lost his job and his … that his compliance with release conditions for over a year supported further relaxation of the conditions, which he … purpose of this proceeding" as it related to "credibility determinations that must be made by a jury." The court …
- A-0139-18T4 Opinionnjcourts.gov… intoxication – even when produced voluntarily – may support a finding that the victim could not consent, we consider the level of intoxication required to support such a finding.6 It is 4 To be sure, the Legislature …
- A-0180-18T4 Opinionnjcourts.gov… the Attorney General filed an amicus brief in further support of the prosecutor's arguments, while the Office of the Public Defender filed an amicus brief supporting private defense counsel's opposition.3 The State …
- A-3349-19 Opinionnjcourts.gov… omitted). Summary judgment should be denied when determination of material disputed facts depends primarily on … was not equipped with code complaint handrails to help her support herself or arrest her fall." After Karen got up, she … matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the …
- A-5637-18 Opinionnjcourts.gov… FHA180001 and FLOOD HAZARD AREA APPLICABILITY DETERMINATION FILE NO. 2105-04-0002.1 APD180001. … They applied to DEP for a Flood Hazard Area Applicability Determination (AD), verifying there was no flood hazard area … 25 AD was appropriate under the controlling regulations and supported by sufficient credible evidence before the agency. …
- A-4086-19 Opinionnjcourts.gov… a plenary hearing for the Association to adduce proofs in support of disqualifying plaintiffs' counsel. Prior to the … additional discovery before the judge could render any determination on the issue. The Association also contends the … fees. 16 A-4086-19 The issue must await the trial court's determination regarding plaintiffs' entitlement to recover …
- A-4581-19 Opinionnjcourts.gov… the trial court's decision, so long as those findings are 'supported by 1 The officer eventually observed right-side … at 244 (citation omitted). A trial judge's credibility determinations therefore should be upheld if they are … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-2192-19 Opinionnjcourts.gov… [the Board] was unable to complete its eligibility determination and the denial was appropriate." II "Judicial … capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of Trs., … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
- A-1999-18 Opinionnjcourts.gov… IN THE PAST COULD NOT BE USED AS PROPENSITY EVIDENCE TO SUPPORT THE CONCLUSION THAT HE HAD DONE SO ON THE SPECIFIC … may have been substantial, and the verdict may find strong support in the record; that matters not." Ibid. (citing …
- A-5644-18 Opinionnjcourts.gov… submitted the certification of Lori Bonderowitz in support of its motion for summary judgment. She certified … court "affords no special deference to the legal determinations of the trial court." RSI Bank, 234 N.J. at 472 … 87 N.J. 512, 525 (1981)). "It has long been true that '[d]eterminations of the scope of duty in negligence cases has …
- A-1217-19T3 Opinionnjcourts.gov… door with no drilling or tools required and is marketed to support up to 300 pounds. 3 A-1217-19T3 Barrios's home, in … and Barrios. The phantom arbitration clause was not supported by any of ConducTV's literature, plaintiff did not …
- A-4708-18T1 Opinionnjcourts.gov… into PTI. See N.J.S.A. 2C:43-12 to -22; R. 3:28. To support his claim, defendant submitted his trial counsel's … and fact, [appellate courts] give deference . . . to the supported factual findings of the trial court, but review de …
- A-1937-19 Opinionnjcourts.gov… findings from the suppression hearing, so long as they are supported by sufficient credible evidence in the record. … sweep is allowable "where the totality of the circumstances support a reasonable suspicion that a driver or passenger is …
- A-4071-18 Opinionnjcourts.gov… Softball (ATS), a non- profit corporation.1 Plaintiff, her children, and her fiancé, Drew Karpinski, accepted an … end of the lake. Plaintiff and Karpinski arrived with the children in two cars. The parking lot near the Red Barn was … (App. Div. 2019) (quoting DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …