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njcourts.gov
… their home in Delaware to New Jersey. Plaintiff and her children recall that the day was rainy; plaintiff stated … Appellate Division panel reversed the trial court’s determination on the mode-of-operation rule, vacated the … concurred in part and dissented in part, finding ample support for the mode-of-operation charge in the testimony …
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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 …
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njcourts.gov
… This opinion decides plaintiff’s challenge to the final determination of defendant, Director, Division of Taxation … moved for summary judgment claiming that his final determination should be upheld since the NRDF should be … it is defending against; how else would 8 In its brief in support of its cross-motion, Erez footnoted that the …
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njcourts.gov
… contends that (1) the plain language of Subparagraph E supports its methodology wherein the entire amount of an NOL … In a separate Notice of Assessment Related to Final Audit Determination for tax years 2010 and 2011, Taxation found that … credits. Plaintiff protested the refund denial and audit determination to CAB. It argued that the NOL carryover period …
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njcourts.gov
… If so, set forth all facts (not legal conclusions) in support of your contention(s). 4. Do you claim that the … If so, set forth all facts (not legal conclusions) in support of your contention. Do you claim that the defendant … If so, set forth all facts (not legal conclusions) in support of your contention. Set forth why any claims of …
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njcourts.gov
… correctly valued as a residential health care facility. In support of this allegation, plaintiffs rely upon the … are "(1) to encourage the comprehensive and conclusive determination A-2456-21 25 of a legal controversy; (2) to … remaining defendants. We also conclude, subject to any determination resulting from the remanded proceedings, it is …
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njcourts.gov
… violated three RPCs. They concluded that the “facts” supported the findings that (1) Robertelli directed Cordoba … is the rare instance where we do not accept a credibility determination made by a trier of fact.” The plurality … (“The Court may, on its own motion, decide to review any determination of the Board where disbarment has not been …
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njcourts.gov
… Tricon on February 28, 2020. In certifications submitted in support of the ensuing motions, Ulislam averred that Wamiq … Notwithstanding this liberality, "the essential facts supporting [the] cause of action must be presented in order … Based on our de novo review, we question the judge's determination that plaintiff's handwritten insertions were …
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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 …
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njcourts.gov
… and "warned later," invalidating his Miranda waiver. He supports this argument by highlighting that the same … he was 22 A-4408-18 confronted with an implied threat his children would be removed from his care and he was not … N.J. 22, 47 (2019). This deference extends to a court's determinations based not only on live testimony but also when …
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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 …
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njcourts.gov
… so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled … (1964)).] We will "reverse only when the trial court's determination is 'so clearly mistaken that the interests of … blurt out" and was therefore admissible. This determination was reasonable, as illustrated in State v. …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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njcourts.gov
… that the expert ‘give the why and wherefore’ that supports the opinion, ‘rather than a mere conclusion.’” … net opinion if the expert “cannot offer objective support for his or her opinions, but testifies only to a … extra required step in Union City for obtaining the rent determination. However, Matovski testified that he made the …
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njcourts.gov
… . . . must the court ‘appraise the testimony, make a determination of true value and fix the assessment.’” … not only to principles of property valuation, but to the determination of the true market value of property is … 86 (App. Div. 1986). However, when the proofs submitted in support of one approach overshadow those submitted in …