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… Plaintiff has failed to state with sufficient facts to support that Defendant herself engaged in fraudulent … 18, 22. These allegations, as stated, are insufficient to support the notion that Defendant, in her unique position as … Title to First American. Therefore, there are no facts to support the imposition of partnership liability in this …
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… all favorable inferences, bare conclusions without factual support in affidavits or the mere suggestion of some … 129, 134 (App. Div. 1999) (requiring submission of factual support in affidavits to oppose summary judgment motion); … As discussed by the Court above, the record does not support a finding that the SAC Defendants directed …
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… intent of the parties for entering Agreements 1 and 2 support the conclusion that delivery of the 2nd Deed in Lieu … issue with the New Jersey Tax Court proceeding with the determination of his pending tax appeals. As noted above, … remedy which must be sparingly used. Given the Trustee’s determination to not pursue the issue when these appeals were …
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… in Bridgewater, New Jersey that provides tax software and support to multiple counties in NJ. 7 N.J.S.A. 54:4-38.1 … in the recipient address and, thus, did not necessarily support a conclusion of mail delivery. However, the court … and the Subject Property’s card was not returned. This supports the findings enumerated that establish mailing in …
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… if, accepting as true all the evidence which A-5194-10T4 9 supports the position of the party defending against the … an intervening superseding cause of the accident.8 That determination was consistent with Klemm's testimony that the … the record contained legally competent factual evidence to support that opinion. Laughery pointed out that plaintiff …
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… reasonable suspicion in the officers' favor, making the determination of probable cause objectively reasonable." … judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." … in original). We review de novo the judge's pure determinations of law, State v. Mann, 203 N.J. 328, 337 …
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… OF ATTEMPTED MURDER AS THE RECORD CONTAINS NO EVIDENCE SUPPORTING SUCH A CHARGE. Point IV THE TESTIMONY BY MULTIPLE … overwhelming. The surveillance video captured the event and supported Morant's testimony. It showed the shooter coming … we perceive no abuse of discretion in the judge's determination that the mitigating factors were "non-existent" …
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… REVERSED BECAUSE THE EVIDENCE WAS LEGALLY INSUFFICIENT TO SUPPORT THE CHARGE. POINT V THE SENTENCE IMPOSED IS … was discussed, denying it, well then how do I make a determination here? Do I excuse all three based upon what … discretion standard," the trial court should explain its determination on the record. Id. at 560-61. Here, the trial …
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… seek personal injury damages. Plaintiffs argue the caselaw supports the proposition there is a contractual relationship … and Appeals was constrained to rely on a contract theory to support the town's authority to place a lien on a landlord's … absence of contract - based litigation in the modern era supports the conclusion that the WSA is inconsistent with, …
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… from the November 3, 2014 order embodying that judge's determinations. On review, we found the Law Division judge's determinations that defendant was guilty of these three … right to a speedy trial was not violated, were unsupported by any factual findings, as required by Rule …
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… his injuries; 2) the amount of damages was excessive and unsupported by the evidence;2 3) the judge erred in admitting … award of future medical expenses and past lost wages was unsupported by the record; 5) the summation by plaintiff's … to an outcome. For these reasons, the judge's determination to admit this evidence was not an abuse of …
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… A PROPER ANAYLSIS OF THE AGGRAVATING FACTORS DOES NOT SUPPORT SUCH A SENTENCE. POINT V: UNDER STATE V. YARBOUGH, … 804(a)(3) does not require a court to make a factual determination whether a witness in fact recalls his prior … mandate that a court, let alone a jury, make a factual determination whether a witness's claim he lacks memory of the …
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… "to be construed so broadly." Id. at 627. Instead, "the determination of whether a police officer is engaged 'in the … unreasonable for liability to attach. The TCA does not support this argument. A public employee is liable for an … to Ogborne v. Mercer Cemetery Corp., 197 N.J. 448 (2009) in support of the contention that a heightened "palpably …
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… action in lieu of prerogative writs to appeal the board's determination that variances were not required. On March 2, … plaintiffs rely on the validity of the ordinances in support of their claim that the zoning board should have … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with …
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… not raised in his merits brief, we do not consider it in support of his appeal. See Drinker Biddle & Reath LLP v. … deliberative process. The request for removal was also not supported by a reason wholly personal to juror two, as such … to Lincoln Park for disposal." Our review of sentencing determinations is limited and governed by the "clear abuse of …
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… has not provided a particularly compelling factual basis to support his mode-of-operation argument, he presented enough … source of the liquid exceeded the scope of the in limine determination. The admission of this improper testimony was … as follows: [T]he expert, presumably, is basing his determination that there was a liquid on the plaintiff's …
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… THEN SHOT; WITHOUT SUFFICIENT EVIDENCE TO TRULY AND FULLY SUPPORT HER THERORY [SIC]. PRO SE POINT VI THE TESTIMONOY … door. Christina Rivera, who is the mother of defendant's children, answered the door. Rivera told S.B.W. she did not … that on April 10, 2012, he had been home with Rivera, their children, and 14 A-4341-15T2 some friends, with whom he had …
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… property owner for their legal costs in the absence of a determination that plaintiff's injuries were caused by the … relies upon three paragraphs in the Lucas contract to support its claim for contractual indemnity. The County … Mantilla, 167 N.J. at 272). B. The AECOM Contract In support of its claim for indemnification against AECOM, the …
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… officer, jumped a fence, and tried to jump another. That supported a reasonable inference the second male was one of … guilty of the [hindering] offense. Once the jury made its determination, the court did not commit any error . . . by not … or name the hindered offense. "[T]o facilitate the determination of the grade of the offense," the verdict sheet …
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… or the four corporations. The trial court's ruling was supported by the language of the August 2014 settlement … burden of pro[of]," the "inquiries involve fact-specific determinations that must be resolved on a case-by-case basis," … from making the fact-sensitive inquiry and fact-specific determinations, and balancing, all of which should be done by …