-
njcourts.gov
… purposes of coverage. Citing the district court's opinion supporting summary judgment in the underlying action, Group … standard: [I]f, accepting as true all the evidence which supports the position of the party defending against the … faxes promoting the TFM Show to the names on the list. This supported my belief that I had permission to fax the …
-
njcourts.gov
… portion of the judgment regarding the trial court's legal determination on the appropriate measure of damages for … and remand the assessment of trespass damages for a jury determination. Further, we affirm the trial court's denial of … standard: 'if, accepting as true all the evidence which supports the position of the party defending against the …
-
njcourts.gov
… CASE WAS AN ABUSE OF DISCRETION WHERE IT DID NOT BASE ITS DETERMINATION ON THE RULE OF LAW. POINT II THE TRIAL COURT'S … is a 'manifest lack of inherently credible evidence to support the finding,' when there has been an 'obvious 21 … that the jury has made actual fact-findings or reached determinations of guilt or innocence,' there is a concern that …
-
njcourts.gov
… 11:00 p.m. on July 19, 2014, two employees of a children's store, M.D.3 and M.W., left the business after it … We accept those findings of the trial court that are "supported by sufficient credible evidence in 17 A-3528-16T3 … discussed, considered a number of factors in reaching its determination that the proposed identifications were …
-
njcourts.gov
… if those were the submissions upon which he relied in support of his arguments. Defendant did not respond directly … defendant to address the factors relevant to its determination in accordance with our Supreme Court 's decision … evaluation, Your Honor. The court also explained that its determination defendant could not represent himself at trial …
-
njcourts.gov
… evidence). 21 A-3588-17T4 was proper because the evidence supported the jury's guilty verdict on count four that … to admissibility is satisfied by evidence sufficient to support a finding that the matter is what its proponent … State v. Nantambu, 221 N.J. 390, 395 (2015). The determination is "a highly fact-sensitive analysis, requiring …
-
njcourts.gov
… funeral expenses, and to make certain payments to her children. Both Delores and Thomas testified, however, that … Utilizing an abuse of discretion standard for evidentiary determinations, we find none. The record reflects the State … that his convictions of the theft charges were not supported by the evidence because the State failed to …
-
njcourts.gov
… Brewer and Gannon were decedent Leokadia Jenson's only children. Decedent suffered from physical infirmities, … charity." The judge concluded Brewer's theory and the supporting facts "remain tenuous and require great logical … untimely. Our standard of review is deferential. "[F]ee determinations by trial courts will be disturbed only on the …
-
njcourts.gov
… 8 Accordingly, we need not consider whether the evidence supported a reasonable inference defendant knew his … the motion court did not err in finding there was evidence supporting plaintiff's claim that defendant owed him a duty … court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse …
-
njcourts.gov
… of the detective." Defense counsel asserted no evidence supported the State's position that T.J. decided on her own … Super. 57, 67 (App. Div. 1979)). Here, the record does not support the State's contention that defendant invited any … theory that T.J. was intimidated by defendant and supported the defense position that her identification was …
-
njcourts.gov
… with an intent only to have consensual sex with B.M. is unsupported by any evidence clearly indicating that was the … engage in consensual sex with B.M., as this contention is unsupported and contradicted by the trial record. 17 … defendant's motive, state of mind or intent." The court's determination that B.M.'s texts were admissible under N.J.R.E. …
-
njcourts.gov
… action against Allen. Further, there is no evidence to support the assertion [that] Fromosky violated the … during work hours and . . . on a [T]ownship computer." To support those claims, Buzby attached a copy of the email … and application of the Tort Claims Act (TCA) is a legal determination that we review de novo. See Jones v. Morey's …
-
njcourts.gov
… and weapons offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . … probability of changing the outcome of the probable cause determination.” For that reason, and because defendant had … N.J.S.A. 2A:162-15, -18(a)(1), -19(e)(3). To make that determination, the court can take into account all relevant …
-
njcourts.gov
… alternative, remand the matter to the trial court for a determination of the date on which the Dimitrakopouloses’ … submitted no certification or other proof in support of their contention that they were unaware of their … 16 An appellate court reviews de novo the trial court’s determination of the motion to dismiss under Rule 4:6-2(e). …
-
njcourts.gov
… . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … in an evaluation of the evidence to make an independent determination of value. According plaintiff all reasonable and … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …
-
njcourts.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 …
-
njcourts.gov
… relying on those adult sentencing enhancement features to support a conclusion that the goals of special and 5 The … for the judge to render a more detailed opinion to support the order. III. We next address defendant's … a "black rifle" as the prosecutor had initially argued in support of the admissibility of the video. The lateness of …
-
njcourts.gov
… As argued by the State as to motive, the four incidents support motive evidence for one another. Viewing one of the … on cars with Isaacs; and defendant encouraged Isaacs to support a false alibi. We are not convinced the similarities … by separate counts in the indictment . . . In your determination of whether the State has proven the defendant …
-
njcourts.gov
… there was concern HHSI's charitable assets would be used to support for-profit entities without benefitting … should be reversed because it is contrary to law and unsupported by substantial evidence in the record. They … 383 (1982). However, we are "not bound by an agency's determination on a question of law." Garden State Check …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … court's resolution of a discovery matter, provided its determination is not so wide of the mark or is not based on a … broad discovery of the evidence the State has gathered in support of its charges.'" Ibid. (internal quotation marks …