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… Plaintiffs first assert there was insufficient evidence supporting the Board's approval of defendant's application … as defined in the MLUL." Price, supra, 214 N.J. at 287. A determination that a property is particularly 5 The two other … determine if defendant satisfied the negative criteria. Determination of the "negative criteria" involves two …
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… 3 A-2974-15T2 suppress hearing when they are supported by sufficient credible evidence in the record." … photographs adduced at the testimonial suppression hearing, supported its conclusion that, although he lived in a house …
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… a hearing. Defendant does not challenge the court's determination on that issue on appeal. 13 A-1378-16T1 … the merits 15 A-1378-16T1 of defendant's arguments in support of his assertion that the court erred by denying his … conflicting information concerning the dates pertinent to determination of the credits.8 If the court on 7 For the …
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… and his appendix does not contain any documents filed in support or in opposition to the summary judgment motion. We … DBP for CCC while the underlying litigation was pending. In support of count three, plaintiff alleged that defendants … judgment and, as noted, he never appealed from that determination. Affirmed. … GARY REINERT VS. ANDREW INDECK, …
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… nurses, and the patient advocate, and sent letters in support of his requests to various NSP personnel. A "sick … R. 4:46-2(c)). As our Supreme Court has instructed: a determination whether there exists a "genuine issue" of … [this court] affords no special deference to the legal determinations of the trial court." Templo Fuente, 224 N.J. at …
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… the totality of the circumstances when making this determination. State v. Marshall, 123 N.J. 1, 145 (1991), … of the crime is another question of fact for your determination. Mere departure from a place where a crime has … have the same elements; and whether the same evidence would support a conviction on both offenses), certif. granted, 225 …
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… 2(c), "the court must accept as true all the evidence which supports the position of the party defending against the … remains, [we] afford[] no special deference to the legal determinations of the trial court." Ibid. "It is well-settled … for reconsideration contained numerous material errors unsupported by the record. A motion for reconsideration is …
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… I. Morad1 presented the following facts in his affidavit supporting his motion for leave to file a late notice of … 164 N.J. at 123. We review de novo the trial court's determination of an accrual date. Manalapan Realty, LP v. Twp. … circumstances," leaving "for a case-by-case determination . . . whether the reasons given rise to the …
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… and case law." The Board added: Having reached this determination, the Board specifically notes the hangars in … items 'not accompanied by airplanes and the like.'" In support of its application, WPF relied in part on a 2016 … The court rejected WPF's argument because (1) the Board's determination about a variance, absent the bias, is "pure …
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… In one sentence in her twelve-page certification in support of her cross-motion, defendant describes plaintiff's … . . . outrageous." In defense counsel's certification in support of the cross-motion, he stated plaintiff's counsel … (quoting Cavallaro, 334 N.J. Super. at 572). Because the determination of whether counsel should be disqualified …
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… contend the certification submitted by the owner in support of the motion to vacate lacks sufficient personal … rescue scam case. Id. at 196-97. III. "The trial court's determination under [Rule 4:50-1] warrants substantial … its odometer had been rolled back. We noted in Romano, "[d]etermination of what constitutes an 'ascertainable loss' …
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… Stephen A. Gravatt, attorney for appellants. Fox Rothschild, LLP, attorneys for respondents (Andrew J. Karas, on … to agree on the amount of the commission"). Because a determination of whether the price was agreed to between the … the elements for acquiring quantum merit relief. In support of their contention, plaintiffs cite the Supreme …
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… Astin was entitled to UIM coverage under the NJM policy. In support of that determination, the judge cited three cases: Arenson v. Am. … tortfeasor does not preclude the insured from seeking a determination that the settling party was not responsible for …
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… this charge if he had effective assistance of counsel. In support of his argument, he submitted a one-paragraph … hearing if a defendant establishes a prima facie claim in support of PCR. State v. Preciose, 129 N.J. 451, 462, … allegations, including assessments of credibility." These determinations are "best made" through an evidentiary hearing. …
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… and had not retained any law enforcement witnesses to support his defense. Defendant also maintained there was a … occurred thereafter. Moreover, there was ample evidence to support defendant's convictions. The references to the gas …
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… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … or other similar devices." N.J.S.A. 59:4-5. "[T]he determination as to the advisability or necessity of a … signage was not palpably unreasonable, and its decision was supported by the limited accident history of the site. The …
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… "When 'each of the interconnected inferences [necessary to support a finding of guilt beyond a reasonable doubt] is … a petitioner must "establish[ ] . . . a prima facie case in support of post- conviction relief" and the court must …
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… 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be filed to "the … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … have faded due to the passage of time." The County did not support its arguments with certifications or other legally …
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… plaintiff's complaint, knowing there was no evidence to support the claims, and she made several false statements to … or appreciate evidence." However, the memorandum in support of defendant's motion for reconsideration merely … as to an award of costs for an abuse of discretion. Children's Inst. v. Verona Twp. Bd. of Adjustment, 290 N.J. …
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… judge in October 2013 – some thirty-three months before – supporting the former prosecutor's representation. Because … That argument requires little discussion. Sentencing determinations are reviewed on appeal with a highly … "aggravating and mitigating factors are identified [and] supported by competent, credible evidence in the record"). …