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- njcourts.gov… judge erred (1) by refusing to reconsider a choice-of-law determination, (2) by dismissing the S.A.C. defendants for … C & F unsuccessfully moved for reconsideration of our determination that New York law should apply to its common law … and will look to see if "those factual determinations are supported by substantial, credible evidence," YA Glob. Inv., …
- njcourts.gov… Tricon on February 28, 2020. In certifications submitted in support of the ensuing motions, Ulislam averred that Wamiq … Based on our de novo review, we question the judge's determination that plaintiff's handwritten insertions were … the enforceability of a "pay-if-paid" provision and determination that the subcontractor expressed a clear and …
- njcourts.gov… correctly valued as a residential health care facility. In support of this allegation, plaintiffs rely upon the … are "(1) to encourage the comprehensive and conclusive determination A-2456-21 25 of a legal controversy; (2) to … remaining defendants. We also conclude, subject to any determination resulting from the remanded proceedings, it is …
- Larry Schwartz v. Nicholas Menas, Esq. (085184) (Monmouth County and Statewide) - Published Opinionsnjcourts.gov… or speculative, the trial court should bar the evidence supporting that claim and enter summary judgment. The trial … The Appellate Division affirmed the trial court’s determinations. We granted plaintiffs’ petitions for … the proper standard, we reverse the Appellate Division’s determination and remand these matters for further …
- njcourts.gov… judges can also require appropriate assurances to support a prosecutor’s statement of readiness. In addition, … but conducted no analysis and made no findings to support its ruling. He therefore seeks immediate release … time under the text of the CJRA. The CPA likewise supports the State’s position. It urges the Court to find …
- njcourts.gov… that dicta in State v. Twiggs, 233 N.J. 513 (2018), supports his statutory interpretation of “in possession,” … on a purely legal question, however, we review that determination de novo.” Ibid. Particularly in the … physical evidence of a crime.” Id. at 521. Although that determination is not relevant to the circumstances of this …
- Bezzone v. Supor - Unpublished Opinionsnjcourts.gov… that even if the Statute of Frauds did apply, it would not support dismissal here as defendants merely create a factual … evidence, that an enforceable agreement exists. The determination as to whether the Statute of Frauds is … defendants would be asking the Court to make factual determinations at the motion to dismiss stage. Discovery is …
- Erez Holdings Urban Renewal, LLC v. Director, Div. of Taxation and Twp. of Lakewood - Published Opinionsnjcourts.gov… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
- njcourts.gov… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
- njcourts.gov… of prong two and make additional findings of fact that support a determination that the prong has been satisfied, or not, in … is gender neutral. See N.J.S.A. 2C:14-2. 16 III. Our determination of the appropriate standard in assessing whether …
- njcourts.gov… tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” Under … a settlement if it is not satisfied that the proofs offered support the entry of a judgment. For that reason, such … . . . Standing, like jurisdiction, involves a threshold determination of the court's power to hear the case.” Watkins …
- njcourts.gov… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
- njcourts.gov… all reasonable inferences in [plaintiffs’] favor that are supported by the summary judgment record.” Baskin v. … Jersey and Pacific Legal Foundation advance positions in support of plaintiffs’ arguments. They also collectively … also assert that nothing in the record suggests a basis to support a federal due process violation. IV. We granted …
- njcourts.gov… January 2007, the court affirms the Director’s final determination. The tax imposed for the other years under audit … 11, 2013, a notice of assessment related to final audit determination (“assessment”) was issued which plaintiff … not required to state all possible grounds and theories to support he assessment, and should not be precluded from …
- njcourts.gov… contends that (1) the plain language of Subparagraph E supports its methodology wherein the entire amount of an NOL … In a separate Notice of Assessment Related to Final Audit Determination for tax years 2010 and 2011, Taxation found that … credits. Plaintiff protested the refund denial and audit determination to CAB. It argued that the NOL carryover period …
- njcourts.gov… Division’s judgment, which affirmed the liability determination but remanded for a new damages trial. 3 We now … and plaintiff did not cross-petition to challenge that determination. 12 development of securities law in New Jersey … substance and cites McCann v. Biss, 65 N.J. 301 (1974), as supporting that proposition. Plaintiff grounds his …
- njcourts.gov… is an important factor to be considered in the determination of apportionment. Otherwise, the Court affirms … presented neither evidence nor argument during trial to support 4 Although the court addressed the merits of … the safety and lives of people, old and young, women and children, locked up . . . in the coach or rail-car, …
- njcourts.gov… 803(c)(6). (pp. 28-31) 6. The summary judgment record fully supports the determination that Investors had the right to enforce the Note … of rights that gave rise to this appeal. 2. To make that determination, we look to N.J.S.A. 12A:3-309’s legislative …
- njcourts.gov… a sufficient basis from which the jury could infer it supported the State’s case against defendant.” In light of … created through reference to the anonymous woman. In support of defendant’s position, the Public Defender adds … Gannon, when she heard screams from upstairs where her twin children were sleeping. 182 N.J. at 343. An intruder sucking …
- njcourts.gov… damages. The New Jersey State Bar Association fully supports defendants’ position that the TCA applies to claims … plain language of the statute, we note that extrinsic aids support our conclusion. The California Tort Claims Act, on … We find his reliance on Ayers unsound and his argument in support of a new category of damages in legal malpractice …