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A-27-25 Petitioners' Reply Brief
Briefs
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… by which to recover it. This conclusion makes sense, and is supported by United States Supreme Court caselaw. Plaintiffs … a takings def~nse, the court would have had to make a determination whether it "create[ d] an issue with respect to … There is no bar to application of the ECD. ## D. Caselaw supports the City's position with respect to the ECD. …
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njcourts.gov
… his only homicide conviction was for felony murder." To support his argument, defendant cites the following portion … the jury found him not guilty – purposeful murder." In support of his argument, defendant cites the Court's …
njcourts.gov
… (NJSEA) denying a zoning certificate and consistency determination for a proposed multi-family building—The … NJSEA. On November 2, 2017, ER2 requested a consistency determination from NJSEA for the Project. On November 24, … sensitive wetlands." The ALJ pointed out "simple math" supports NJSEA's conclusion that "more than half the …
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… this case, defendants did not present a colorable claim in support of their privacy argument. Forfeiture proceedings … OPRA; that prior Executive Orders and legislative history support that conclusion; that the ruling starkly contrasts … this case, defendants did not present a colorable claim in support of their privacy argument. Consider the context of …
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… preprinted form with little opportunity for negotiation. To support this argument, the Plaintiffs contend that Mr. Fahmy … of the art constitutes opinion or sales talk, which cannot support a fraud claim. Rodio v. Smith, 123 N.J. 345, 352, … by Lacka were nothing more than friendly advice. That determination is not for this Court to make on a summary …
njcourts.gov
… following oral argument shall serve as the court’s determination concerning the motion by plaintiff, Scott … tax matter may be entered upon stipulation of the parties supported by such proof as the Court may require.” R. … If there is no agreement, then the court shall make a determination based on the calculations submitted by each …
njcourts.gov
… event, he contended the totality of circumstances did not support the stop because the CI's tip lacked veracity or a … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … activity, we cannot 19 A-0450-22 make an independent determination of whether that conclusion was reasonable." Id. …
njcourts.gov
… factual findings" and uphold them so long as they are supported by "sufficient credible evidence in the record." … other evidence in the record beyond the cigarettes to support the trial court's conclusion that Officer Royce had … of the other specific and articulable facts. 16 A-2296-21 supported Officer Royce's reasonable suspicion and provided …
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… said she was fortunate to have two houses. She had two children. She was going to ask her son which house he wanted … is this about houses. Truth is, she has two houses and two children. She told me she asked you what house you wanted … that findings by a trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… court found that defendant had not presented evidence to support his argument that he was returning from work at the … de novo. The court deferred to the credibility determinations made by the municipal court judge. See State v. … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
njcourts.gov
… into evidence of an expert's conclusions that are not supported by factual evidence or other data.'" Townsend, 221 … an expert is required to "'give the why and wherefore' that supports the opinion, 'rather than a mere conclusion.'" Id. … court's discretion"). Here, the record was sufficient to support the preclusion of plaintiff's medical expert without …
njcourts.gov
… order on June 7, 2021, denying defendant's petition. In a supporting oral decision placed on the record on the same … unreasonable and that he ha[d] been . . . prejudice[d]." In support, the judge explained that defendant "was unable to … under the abuse of discretion standard the PCR court's determination to proceed [with or] without an evidentiary …
njcourts.gov
… there was "enough" of a factual record to make the legal determination, and there was no need for further discovery on … 2015, not July 2017 as her current counsel had claimed. For support, Quest relied on the two letters KMH&L sent on July … determined that plaintiff failed to rebut his earlier determination that the records Dr. 14 A-1923-20 Brickner sent …
njcourts.gov
… MDTV's prospective economic advantage, finding no facts supporting the claim and concluding MDTV had an obligation … 440-441 (2005))). We agree with the judge's threshold determination that the Woodstone mortgage was a valid and … of the property. We also agree with the judge's determination that Kwon's companies were holders in due course …
njcourts.gov
… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … seeking to dismiss plaintiff's complaint against him. In support, Swope submitted various exhibits, including … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. …
njcourts.gov
… controlled which circuit. These undisputed facts fully support the court's finding that "HGB knew of the condition … design and construction. Ibid. With respect to our determination defendant did not owe plaintiff a duty to … box, plaintiffs argue that knowledge "does not change the determination that [HGB Realty 2] owed a duty of care, nor is …
njcourts.gov
… was nothing in the evidence direct or extrinsic that supported the contention that Francesco intended that Carol … and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the …
default
… and articulable suspicion to detain defendant are amply supported by the record, and the legal consequences that … arguments, we detail the constitutional principles supporting a detention pursuant to a Terry stop and after a … previously committed a predicate offense, the evidence supports his conviction for certain persons not to have …
default
… the verdict. In reviewing the trial court's determination of the motion for judgment notwithstanding the verdict, we accept as true all evidence supporting Timek and accord him all reasonable inferences … act of managerial prerogative based on the police chief's determination that he needed sergeants in the patrol 6 …
default
… of the mortgage. It rejects the trial judge's determination that its argument was actually an attempt to … date when calculating the amount due because the evidence supported a finding that Rosemont waived its right to … did not declare a default prior to May 2014. The City also supports its argument with deposition testimony from 20 …