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… a trial court must weigh other factors relevant to the "determination of the existence of a duty of reasonable care … 'general negligence principles' . . . ." Id. at 230. This determination implicates consideration of the foreseeability … MSR on numerous prior projects. The nature of the risk also supports imposing a duty against MSR. Although the risk of …
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… Differed From Those Applied By Judge Venable, Were Not Supported By The Record. After appellate briefs were filed … for a probationary sentence. Although this argument had support in our decision in State v. Nance, 442 N.J. Super. …
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… like the Law Division, we defer to the credibility determinations of the municipal court. State v. Cerefice, 335 … and Law Division judges reach the same credibility determinations. Locurto, supra, 157 N.J. at 474. "[A] … 138, 159 (2002); see also N.J.R.E. 803(c)(1). The record supports the motion judge's findings that Officer Schwartz …
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… there was a bargained for consideration. These facts do not support a finding of mistake, fraud, or misrepresentation. … agreement was usurious, which we have rejected, to support their arguments on the grounds of newly discovered …
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… The parties were married in October 1985 and have two children who are emancipated. The judgment of divorce and a … removal from the residence; the amount of interim support she was to receive between her removal and the sale … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
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… would show that "someone else committed the crime." To support his application, defendant submitted a certification … the factual findings of the trial court so long as they are supported by "sufficient credible evidence present in the … (1999)). However, our review of a trial court's legal determinations is de novo. Reece, supra, 222 N.J. at 167. …
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… who were presumably in favor of the application, to support an argument that surrounding circumstances had … (2) if the Board finds that res judicata does not bar a determination on the merits, then, proceed to either grant or … may be barred. It is for the Board to make that determination in the first instance. [Ten Stary Dom P'ship, …
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… plaintiff cross-moved for the funds to be released to it, supported by a certification from plaintiff's president, … its construction of a contract, appellate review of that determination is de novo." Manahawkin Convalescent v. O'Neill, … language of the settlement agreement. In the certification supporting defendants' motion, New Vision's president/CEO …
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… verbatim. Flight evidence does not need to unequivocally support an inference of the defendant's guilt, but must be … to speculate," but rather was presented with evidence that supported a reasonable inference that defendant fled with an …
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… reopen and extend discovery for an additional 120 days. In support of the motion, plaintiff's counsel certified that "a … deny plaintiff the benefit of Rule 4:26-4. The record amply supports a finding that before filing his complaint, …
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… (App. Div. May 20, 2015) (slip op. at 2). Following that determination, plaintiffs and Chicago Title settled their … approval to abandon the railway." Id. at 5. The board's determination gave rise to plaintiffs' action in lieu of … its common-law contribution and indemnification claims lack support in the evidence. By settling with its insureds in an …
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… proceeded to summarize in detail each piece of evidence supporting the State's case. Clearly, the use of the word … 210, 215 (1989)). When a sentencing court's findings are supported by the record, we will only reverse if the …
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… DEP to renew this permit; the DEP did not make its final determination on this application until 2006. Pending … Thus, the RMP and the 2011 Plan would govern the DEP's determinations. Appellants also maintain, had they … legislative policies," there is substantial evidence to support the factual findings upon which A-5803-13T1 10 the …
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… unless it is arbitrary, capricious or unreasonable or not supported by substantial credible evidence in the record." … (App Div. 2005). Therefore, "a prison administrator's determination not to give a prisoner a polygraph examination … See N.J.A.C. 10A:4-10.1(f) (2014). 10 A-3670-14T4 determination is 'arbitrary, capricious or unreasonable.'" Id. …
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… sent the Planning Board a memorandum confirming his determination that V Boys' application required no variances … December 17, 2014. He agreed with the Zoning Officer's "determination that the applicant meets all the conditions for … foot canopy does not constitute a principal building is not supported by the Zoning Ordinance or MLUL." Fifth, "[t]he …
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… to serve them with the required notice of claim. Defendants supported the motion with a certification from Luiggi … undisputed and "[t]he record does not present any facts to support . . . plaintiff's contention that the [Board] or …
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… OF A DENIAL TO VACATE A GUILTY PLEA WHEN THE PLEA IS NOT SUPPORTED BY AN ADEQUATE FACTUAL BASIS IS DE NOVO. (NOT … to [Rule] 3:21-5." R. 3:22-12(a)(1). Notwithstanding this determination, the judge also found the factual bases for … of the nature of the charges, and the trial court's determination of defendant's motivation, defendant's motion to …
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… standard; it "will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … fact, [an appellate court] give[s] deference . . . to the supported factual findings of the trial court, but review[s] …
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… findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." … We find that there is substantial, credible evidence supporting the judge's denial of the motion to suppress …
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… the Board adopted the ALJ's decision as its final determination in a single sentence, and failed to address … and typing, handwriting reports, filing, and speaking with children's parents. Around 2008, petitioner developed a mild … capricious, or unreasonable; or (3) the decision was not supported by substantial evidence." In re Application of 4 …