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… deference on appeal, and are not overturned if they are supported by 'adequate, substantial and credible evidence.'" … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … v. Pierre, 221 N.J. 36, 52 (2015). "As a discovery determination, a trial court's grant or denial of a motion to …
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… We therefore summarize only those facts pertinent to our determination of the legal issues before us. Plaintiff entered … "Nonetheless, if the complaint states no claim that supports relief, and discovery will not give rise to such a … with prejudice, the federal court made any substantive determination of the merits of plaintiff's case. In another …
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… in its legal analysis; and (5) plaintiffs' position was supported by an expert report. II. We review a grant of … 214 N.J. 303, 322 (2013). We review a trial court's determination of that 14 A-3809-21 question de novo. … agent at ORI. In addition, we agree with Judge Sheedy's determination that Next Medical did not owe a duty of care to …
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… to the fourth lease amendment was $36,758.40. Defendants supported their calculation of the amount owed from language … Rather, this court will review anew the summary judgment determination on appeal. Id. In deciding motions for summary … also R. 4:46-2. The type of evidence considered in such determinations includes answers to interrogatories, …
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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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… The parties' likely adversarial relationship tends not to support imposition of a duty. Furthermore, the design of our … concealment action, concluding that evidence did not support a finding of intentional destruction). Here, the …
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… procedural history is necessary to give context to our determination. As noted, plaintiffs' complaint was filed in … pursuant to N.J.S.A. 47:1A-6 and Rule 4:42-9(a)(8). In his supporting certification of services, defendant's counsel … are now moot. "Mootness is a threshold justiciability determination rooted in the notion that judicial power is to …
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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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… 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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… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … farming." Based upon our review of the record, there is no support whatsoever for this conclusion in the testimony. In … Plaintiffs introduced no proof before the Board supporting the claim of equitable estoppel, see Motley v. …
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… the March 23, 2016 accident. Evanston made two arguments in support of summary judgment. First, it argued that the … of A&R. In opposing Evanston's motion, and in support of his request for a declaratory judgment, Sharkey …
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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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… 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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… 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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… State drew heavily from Clark's and the CI's testimony in support of its argument defendant distributed the subject … crack cocaine sold to the CI, but the record does not support this claim. Clark voiced an opinion consistent with …
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… 24, 2013. She was rushed to the hospital and placed on life support, where she remained until her death on July 1, 2013. … in failing to timely produce witnesses for deposition. In support, plaintiff's counsel certified that "[b]y failing to … the court's interpretation of N.J.S.A. 2A:53A-28, and its determination that plaintiff was not entitled to avail himself …
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… alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … street from the store, and his conduct was insufficient to support his conviction. We disagree. In our review of the … 2C:33-2(a)(1). The evidence amply supports the court's determination that defendant committed the offense of …
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… A-4504-14, the Planning Board and the City, as intervenor, supported by amicus curiae FWB, appeal from a February 4, … of the County Board's own engineering consultant, and unsupported by the evidentiary record. Therefore, the trial … the trial judge that the County Board's decision was not supported by the record, and the Freeholder Board's decision …
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… counsel's] application is premature. There has been no determination by this [c]ourt or a finder of fact that there … is clear to us that he implicitly applied these criteria to support his decision. Thus, the judge found plaintiffs had … § 1983 because the trial judge did not make "a final determination on the merits holding that defendants engaged in …
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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 …