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A-2923-24 Briefs
Briefs
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… filed this Appellate Brief with the Appellate Division in support of their appeal of the Order of May 15, 2025. … insurance carrier. The Plaintiff appeared dazed, and no determination was made as to any injuries he had sustained. … of credibility it is for the court to make such a determination. Seidman v. Clifton Sav. Bank, S.L.A., 205 N.J. …
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… because the trial court's reliance on its credibility determination regarding the 2011 offense, which does not … Russian-born Bergen County resident. He is married with two children, has a master's degree in computer science, and has … to be dishonest. Polatov argues there is no case law supporting the trial court's denial of his application. He …
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… Notwithstanding this liberality, "the essential facts supporting [the] cause of action must be presented in order … to clearly state the conclusions of fact and law that support a dismissal with prejudice "constitutes a disservice …
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… the judgment for plaintiff but reversed the judge's determination that Leon or NPTC could be held liable to pay … [DOT] and 4 The six specific transfers and alleged reasons supporting those transfers are set forth in Roitburg II, … case from outside the jurisdiction and a periodical in support of an award of attorney's fees under the UFTA. While …
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… factual findings "are considered binding on appeal when supported by adequate, substantial[,] and credible … court and Appellate Division."). In reviewing a judge's determination of the appropriate interest rate to apply to a … determined by the court in a summary manner after final determination of compensation, and shall be added to the …
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… Thus, Kearny cannot rely upon N.J.S.A. §2C:21-36 to support the Amended Ordinance requiring compliance when … and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly …
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… Weaver’s Arguments Defendants Tassev, Levine, and Weaver support the arguments made by Ocean Coast and similarly … retain the cause for all purposes, and proceed to a final determination of the entire controversy and, except where the … of leaving only purely legal issues remaining for determination. . . .”). An equitable cause of action “draws …
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… as mortgagee foreclosing on a mortgage. Specifically, in support of this proposition, defendant cites to N.J.S.A. … which was held while the instant motion was pending. In support of this proposition, defendant cites Caput Mortuum, …
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… explains that in the event of an adverse benefit determination, the member is afforded rights of appeal through … was not for the Courts "to second-guess that legislative determination." Id. at *9: Accordingly, this court lacks … out-of-network doctors." See Pl.'s Compl. ,i,i 5-9. To support the bad faith claim, plaintiff alleges that …
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… for a waiver of the specialty requirement, based upon its determination that plaintiff's proposed expert lacked active … at least seven doctors refused to become experts not only supports the good faith effort[,] it also calls into … basis in the record to support the trial court's determination that Dr. Caprio lacked "sufficient training, …
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… supermarkets strongly opposed the measure. The bill had the support of environmental groups. A bottle bill was … interpretation is not countervailing, but rather supportive of the legislation. To deem manufacturers as …
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… be made available for public inspection. The core principle supporting open court records is transparency – allowing the … this backdrop that the court decides plaintiffs' motion. In support of their request to seal portions of the record, … in making the mathematical calculations and analytical determinations necessary to conclude a true market value of …
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… for PTI and included a statement of compelling reasons supporting his admission. The prosecutor rejected … trial court, which refused to disturb the prosecutor’s determination. Defendant then entered a guilty plea to … reflects the CDRA’s policy “to afford special protection to children from the perils of drug trafficking, to ensure that …
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… was trespassing on the property. Both those findings are supported by substantial credible evidence. Consequently, … To the extent that Johnson, Ford, or Wilson can be read to support an argument concerning diminished privacy …
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… a diminished capacity defense at trial, N.J.S.A. 2C:4- 2, supported by the testimony of his expert witness. … credited those instructions. Because the motion record supports the judge's findings, Wright, 444 N.J. Super. at …
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… AND FAIR DEALING. I. The crux of plaintiffs' argument in support of their claim that the judgment entered should be … of action, a plaintiff "must provide evidence sufficient to support a conclusion that the party alleged to have acted in …
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… of the statement given to the court by Belluscio in support of the search warrant application. Defendant also … substantial, and 16 A-1968-19 the verdict may find strong support in the record; that matters not." Ibid. See State v. …
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… Findings that [Defendant] is Likely to Recidivate Was Unsupported By the Record. [(Partially raised below).] (i) The … to Find Mitigating Factors Eight and Nine Was Otherwise Unsupported. C. The Resentencing Court Erred in Finding and … defendant's conduct was excusable based on the jury's determination that his "conduct was knowing [and] purposeful." …
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… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … "something less than the probable cause standard needed to support an arrest." State v. Thomas, 110 N.J. 673, 678 …
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… the head or . . . face." Burden had known defendant since childhood and identified him in court. Robinson, a woman … a limited scope of review when considering sentencing determinations on appeal. See id. at 272. Ordinarily, our … provide its reasons for the sentence and "the factual basis supporting a finding of particular aggravating or mitigating …