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… PROVISION WAS PROCEDURALLY UNCONSCIONABLE WAS NOT SUPPORTED BY ADEQUATE, SUBSTANTIAL AND CREDIBLE EVIDENCE. A. … (quoting Rudbart, 127 N.J. at 353). "The 15 A-2421-22 determination that a contract is one of adhesion, however, 'is … arbitration provision on unconscionability grounds was not supported by adequate, substantial, and credible evidence. …
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… to defendants, arguing that the law and facts do not support summary judgment. In another argument, plaintiff … and rejected plaintiff's contentions because they were not supported by evidence, and the undisputed material facts …
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… sentences even though a majority of the Yarbough factors support concurrent sentences. Id. at 427-28; see also State … defendant. His analysis of the Yarbough factors supported consecutive sentences. II. The other arguments …
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… difference between the $587,986.40 the detective alleged supported the money laundering charges and the more than … presented sufficient evidence before the grand jury to support the charges of financial facilitation in accordance …
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… N.J. at 746). But "if the complaint states no claim that supports relief, and discovery will not give rise to such a … provision. Additionally, we note plaintiff has not provided support for the proposition that a failure to comply with … argument that defendant knew about the lawsuit is unsupported by the record. See Viviano, 101 N.J. at 552. …
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… verified complaint and certifications which were filed in support of the application for restraints in front of [the … in which the defendants were then engaged. It was also supported by emails from [Jay] Williams to Pulte and, …
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… Turning to count two, RU's attorney argued there was no support in the record to demonstrate a "disability-based … See Godfrey, 196 N.J. at 196. Nor does the motion record support plaintiff's harassment claim based on a disability …
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… 2 and Conservation Officer 3 "to provide law enforcement support to allow for the harvest of oysters from [the] … "bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Ardan v. Bd. of … on other grounds, 244 N.J. 1 (2020). "[If] an agency's determination . . . is a legal determination, [the appellate …
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… shown and "an absence of prejudice to . . . defendant." In support, plaintiff primarily relied on Audubon Volunteer … order. See R. 4:50-2. The judge also found that a motion supported by Rule 4:50-1(b) through (e) was time barred, and … principles, we discern no abuse of discretion in the determinations made by the judge and affirm substantially for …
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… 2013, at about 4:30 a.m., defendant, with his two infant children and the children's mother, were riding a PATH train … judge's factual findings, "'so long as those findings are supported by sufficient credible evidence in the record.'" … II, slip op. at 22. We disagree with the PCR judge's determination that trial counsel's strategic decision to forgo …
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… the trial court's factual findings under the CFA did not support its conclusions of law. Defendant seeks affirmance … vehicle," and the amount owed was $28,632.24. However, in support of its claim that the transaction was a "lease …
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… N.J. 1, 13 (2021). The plain error standard requires a determination of: "(1) whether there was error; and (2) … (2018)). Finally, "[a]ppellate courts review sentencing determinations in accordance with a deferential standard." … if there was independent evidence of a conspiracy. In support of this position, defendant relies on a dissenting …
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… uphold the factual findings, provided those findings are "supported by sufficient credible evidence in the record." … containing the gun and magazine was seized prior to any determination to impound the vehicle. Under these … magazine was invalid. V. We now address the trial court's determination that the warrantless seizure of the satchel was …
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… judgment. 7 A-2670-22 Defendants made several arguments in support of summary judgment: plaintiff failed to adduce … law. Plaintiff responded, contending the damages claim was supported by: the conversations between plaintiff and …
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… matters unless the court has abused its discretion or its determination is based on a mistaken understanding of the … to evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401; see also State v. …
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… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 147 (citing McDade, 208 N.J. at 473-74). 16 A-4543-17T1 In support of their motion to file a late notice, plaintiffs … We discern no abuse of discretion in the trial court's determination that such contentions do not constitute …
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… R. 5 A-0540-17T3 4:49-1(a). Although we must make our own determination of whether the jury's verdict resulted in a … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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… Amendment, he limits his reliance to New Jersey case law to support his claim. 11 A-5041-16T2 constitutional … unfair circumstances that have garnered past judicial support for application of the doctrine of fundamental …
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… "any 9 A-0556-17T1 class or race-based motive which would support a Section 1985(3) claim," and therefore granted … on the same standard that governs the motion judge's determination." RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of action. That is because without a factual and legal determination that the individual defendants either used …
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… California v. Beheler, 463 U.S. 1121, 1125 (1983)). The determination of whether a person is in custody is an … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … not coercive. Sufficient credible evidence in the record supports the trial court's finding that defendant was not …