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… "appealed . . . to the Appellate Division"; (4) "[t]he determination of the issue was essential to the 8 A-0997-21 … appeal followed. We "review[] de novo the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)." … where the factual allegations are palpably insufficient to support a claim upon which relief can be granted," Rieder v. …
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… the same statute." Plaintiff moved for reconsideration. In support of that motion, plaintiff submitted Spagnola's … with the third James prong. 457 N.J. Super. at 585. In support of their summary- judgment motion, defendants …
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… interpreted the law.'" DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … a court should not engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
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… dismiss the complaint for lack of personal jurisdiction. In support of the motion, Antonio Silva, TMS's "sole owner," … v. Washington, 326 U.S. 310, 316 (1945)). In making this determination, we consider "the burden on the defendant," New … by the judge, which are entitled to deference on appeal, support a finding that TMS's activities established the …
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… advantage fails for lack of any specific allegations supporting a claim of intentional interference on the part … to the level of unconscionability which is necessary to support a tortious interference claim. Whether Defendant …
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… Suffern disliked him because of his union activity, his support for Suffern's rivals and his criticism of Suffern. … a cause of action for damages, Meisels v. Fox Rothschild LLP, 240 N.J. 286, 299 (2020) (citing Baxt v. Liloia, … responsible for, or significantly involved in, the determination of the organization's legal position in the …
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… case that may have a bearing upon, and assist you in your determination of the issue of his/her mental condition. There … of the alleged offense, but only as evidence tending to support the ultimate expert conclusion of the psychiatrist … of such findings, you should decide what effect such determination has upon the weight to be given to the opinion …
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… This opinion following trial shall serve as the court’s determination concerning the challenge by plaintiff, Plaza … comparable rents. The Municipal Assessor made a value determination of $27-$28 per square foot for the entire … was based on a property class mischaracterization but supported his argument with subjective evidence which the …
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… are based on the certifications and exhibits submitted in support of and in opposition to the motion. EGDC, a New … ingress, egress, and parking lots for” the HPI Parcels. In support of its argument, Rutherford emphasizes that Section …
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… Maria Gatta, LLC’s challenge to a sales tax audit determination.1 For the 1 There was also a “spin-off” audit of … 186 (Tax 2006)). A naked assertion by the taxpayer without support is insufficient to rebut an audit determination. Yilmaz, 390 N.J. Super. at 440, 23 N.J. Tax at …
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… concerning the pleas. We therefore conclude the record supports the PCR court's determination that defendant was not denied effective … to resolve defendant's claims. The record supports that determination. 17 A-0496-16T3 We have considered defendant's …
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… do so may "render the lawyer's performance deficient" and support a claim of ineffective assistance of counsel. State … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… may be held liable for risks that would be too remote to support liability at common law. See Stevens, 356 N.J. … 1980) (holding that x-ray exposure was a "physical contact" supporting recovery for emotional suffering where immediate …
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… it did not constitute a marital asset. He noted that Vann's supporting certification did not mention the PSA or provide … after year since 1993." Warner presented no evidence to support his claim. Once the parties got divorced, he acted …
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… unable to walk, that is, he was swaying and grasping for support. His legs sagged, he staggered, and he moved in … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … recusal motion, the JMC denied he had made any veracity determination in the context of sustaining defendant's …
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… did not file a direct appeal from any of the Board's determinations. In February 2016, defendant filed his petition for PCR. In support of his petition, defendant alleged that his trial … question or disturb the judge's well-founded credibility determinations. Ibid. Therefore, the judge properly rejected …
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… trial court's decision, provided that those findings are 'supported by sufficient credible evidence in the record.'" … not accept a guilty plea unless there is a factual basis supporting it. R. 3:9-2. "Indeed, 'it is essential to elicit …
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… would get what he had coming to him. The judge also found support under the community-caretaking doctrine as "a … decision so long as 12 A-4587-16T4 those findings are supported by sufficient credible evidence on the record." … at 15). However, "[t]o the extent that the trial court's determination rests upon a legal conclusion, we conduct a de …
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… this case for trial. I. Defendant is married and has seven children, one of whom, a minor, lived with defendant and his … Division held "the spirit and policy of the rule certainly support our determination that a judge who denies an applicant's appeal …
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… if 'the factual allegations are palpably insufficient to support a claim upon which relief can be granted.'" Ibid. … of the plaintiff is a significant factor, "[t]he determination by the judge should ordinarily be made at a … the accrual clock starts then. 15 A-0942-16T1 The determination of when a claim accrued ordinarily should be …