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- A-1887-19 Opinionnjcourts.gov… REGARDING THE VICTIM'S PRIOR VIOLENCE, WHICH WOULD HAVE SUPPORTED THE DEFENDANT'S CLAIM THAT HE ACTED IN …
- A-4033-19 Opinionnjcourts.gov… McInerney's legal fees, as plaintiff's objections were unsupported. She further found plaintiff's objections to … v. A.L.G., 176 N.J. 201, 207 (2003)). "The trial court's determination under the rule warrants substantial deference, … that the rule is "designed to remedy." The record does not support the claim. Plaintiff has not established the …
- A-3834-12 Opinionnjcourts.gov… whether a party waived its arbitration right is a legal determination subject to de novo review." Cole v. Jersey City … 378 (1995). The findings of fact underlying the waiver determination, however, "are entitled to deference and are … for "extreme prejudice" to SAE from arbitration, all support the trial court's determination that Avaya waived …
- A-3020-20 Opinionnjcourts.gov… the Downtown Redevelopment Area and presented its determination to the Township's governing body. In 2000, the … any of the other remedies [the Estate] seeks." The record supports the trial court's findings and legal conclusions. …
- A-4907-18 Opinionnjcourts.gov… AND CONTRADICTORY AFFIDAVIT OF AMOUNT DUE IN SUPPORT OF FINAL JUDGMENT. 8 A-4907-18 [POINT IX] THE SCALES … the operation of the judgment or order. A trial judge's determination on a motion to vacate a final judgment "warrants …
- A-0856-19T1 Opinionnjcourts.gov… his only contact with New Jersey was "phone calls to [his] children and grandchildren that live in . . . New Jersey." He denied having … trial court's findings of fact are binding on appeal "if supported by adequate, substantial, credible evidence." …
- A-4894-17T4 Opinionnjcourts.gov… that defense counsel's argument had no merit or was not supported by legal or scientific authority. We are mindful …
- A-3866-17T3 Opinionnjcourts.gov… by the same standard that governs the motion judge's determination." Caraballo v. City of Jersey City Police Dep't, … contradicted Ruane's version of those prior shootings and supported his claim that the municipal defendants' IA …
- A-3912-17T2 Opinionnjcourts.gov… such as leaving work early to go to the gym, picking up his children during work hours, and neglecting to cover the cash … be denied "[i]f, accepting as true all the evidence which supports the position of the party defending against the … original jurisdiction as is necessary to the complete determination of any matter on review." Original jurisdiction …
- A-2056-17T3 Opinionnjcourts.gov… Schlesinger argued the cause for respondents (Golden Rothschild Spagnola Lundell Boylan & Garubo, PC, attorneys; Eric … 564, 569 (App. Div. 1991). "As a practical matter, the determination of an insurer's duty to defend requires review … of the rates proposed by prevailing counsel in support of the fee application." Furst v. Einstein Moomjy, …
- A-2292-17T1 Opinionnjcourts.gov… agreed with the State that defendant "advanced no proofs to support his claim of prejudice or anxiety." "[P]roof of …
- A-5835-17T4 Opinionnjcourts.gov… was attributable to Robert's claim. Robert then sought a determination as to the amount of the settlement that … is not subject to the section 40 lien. The record does not support the conclusion that plaintiffs sought the allocation …
- A-5263-17T1 Opinionnjcourts.gov… he had an actionable claim against defendant. The record supports the trial court's determination. On January 20, 2010, Linkovitch, the Borough's …
- njcourts.gov… "We review the Attorney General's administrative determination in accordance with a deferential standard of … 539 (1980)). We will "not reverse the Attorney General's determination unless 10 A-5650-16T4 it is arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as …
- A-3399-18T1 Opinionnjcourts.gov… things needed are homeowners insurance, executed flood determination notice, and proof of deposit, which . . . the … While the judge "must accept as true all the evidence which supports the position of the party defending against the … summary judgment was appropriate, as, given our foregoing determinations, D'Agostino failed to prove that the Carlin …
- A-5991-17T1 Opinionnjcourts.gov… 13 A-5991-17T1 [i]n our view, 'so far as possible' supports that the Legislature wanted the limitation so far …
- A-0847-18T1 Opinionnjcourts.gov… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
- A-0430-18T4 Opinionnjcourts.gov… RELATIONS. POINT III: THERE WAS NO FACTUAL BASIS TO SUPPORT [DEFENDANT]'S PLEA; THUS [DEFENDANT]'S SENTENCE WAS … the sense that an error or violation played a role in the determination of defendant's guilt in order to overcome the …
- A-4412-16T2 Opinionnjcourts.gov… evidence in the case that you consider relevant to your determination whether the identifications were reliable. . . . … the Court noted: [S]ome of the factors pertinent to the determination of intoxication sufficient to satisfy the test … and argument. Finally, considering the substantial evidence supporting defendant's guilt the prosecutor's remarks did …
- A-1382-15T1/A-1614-15T1 Opinionnjcourts.gov… failed to receive a fair trial in light of repetitive, unsupported descriptions of facts made by the prosecutor … was "replete" with descriptions of facts that were never supported. Id. at 270-71. Also, the evidence the State …