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- njcourts.gov… if the factual allegations are palpably insufficient to support a claim upon which relief can be granted." Frederick … Cleaners, Inc., 230 N.J. 123, 133-34 (2017). A judge's determination of the accrual date for a claim under the TCA …
- njcourts.gov… We should not disturb "the PCR court's findings that are supported by sufficient credible evidence in the record." …
- njcourts.gov… respectfully part company with the trial court's contrary determination, particularly because, as we have stressed, the … upon Bozzi v. City of Jersey City, 248 N.J. 274 (2021), as supportive of disclosure. We read Bozzi to be highly …
- njcourts.gov… deposited in [t]rust, and that the [c]ourt make a further determination as to . . . entitlement to said funds and/or … sought to quiet title by: (1) "[a] declaration and determination that the Borough . . . is the rightful holder of … that those findings and conclusions were 'so manifestly unsupported by or inconsistent with the competent, relevant …
- njcourts.gov… Likewise, a jury may consider Hogan's counterargument, if supported by admissible evidence, that Volkswagen had …
- njcourts.gov… proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior … in Taylor are: (1) the party "agrees to be bound by the determination of issues" in the previous action; (2) the party … to purchase the properties, and the Township's pleadings in support of condemning the two lots. These representations …
- njcourts.gov… having the burden of proof. In making the admissibility determination under N.J.R.E. 609(b), courts can consider (1) … and his testimony may well have been important evidence in support of his defense. The errors concerning the jury …
- A-1694-17T4 Opinionnjcourts.gov… and the Board filed petitions for a scope of negotiations determination with PERC to determine if the legislation … and 30% of their salary for member/spouse/partner or parent/children coverage. 6 A-1694-17T4 Chapter 78 had a sunset … first year. Id. at 15. II Before us, the Association, supported by amicus curiae Communications Workers of …
- A-0707-17T2 Opinionnjcourts.gov… have recognized such a class-of-one theory, where it is supported by the facts. See, e.g., Paul Kimball Hosp., Inc. … businesses combined. That statistic bolsters both our determination that RDI was not similarly situated to other …
- A-1922-12 Opinionnjcourts.gov… other than plaintiff's product, . . . there is no evidence supporting the exception to the exclusion, because the … 230 (App. Div.), certif. denied, 189 N.J. 104 (2006). [A] determination whether there exists a 'genuine issue' of …
- A-0742-19 Opinionnjcourts.gov… Court "identified two factors that are relevant to the determination of need: (1) the value of the transcript to the … Anga's show-up identification of defendant finds no support under this Rule. 5 Absent certain circumstances not …
- A-2439-19 Opinionnjcourts.gov… engaged in a categorical approach, the record does not support that argument. The sentencing judge questioned the … "crime of violence," but ultimately relied on the jury's determination as to defendant's own conduct: "It 's certainly …
- A-1041-16T2 Opinionnjcourts.gov… We reject those arguments as 7 A-1041-16T2 without support in the statutory scheme and affirm PERC's ruling … 54, 83 (1978). Although a party dissatisfied with PERC's determination of course has recourse to this court, N.J.S.A. … courts] apply a deferential standard of review to determinations made by PERC." City of Jersey City v. Jersey …
- A-1303-20 Opinionnjcourts.gov… 34:13A-5.4(d)). PERC's role is to make a threshold determination of whether the disputed matter is something the … a municipality elects to provide is an essential employer determination which is not subject to the mandatory duty to … at the fire scene on May 4, 2020[,] violated Article 8." In support of its argument, the Union relies on PERC decisions, …
- A-2225-09 Opinionnjcourts.gov… "proof which will be offered . . . at the trial . . . to support" its defenses and counterclaim, "or any other … . . . should not be disturbed unless they are so wholly insupportable as to result in a denial of justice." Rova Farms … N.J. 79 (2000). "[I]n making relevance and admissibility determinations," the trial judge's exercise of his "broad …
- A-4130-09 Opinionnjcourts.gov… as "there is sufficient credible evidence in the record to support the findings." Brunson v. Affinity Fed. Credit …
- A-1883-20 Opinionnjcourts.gov… the jury to not consider th[e] testimony." To support his ruling, the judge explained: The [S]ergeant's … Court articulated a four-part test designed to guide the determination of when to admit such evidence. The Court … 553, 608-09 (2004). "In our review of a trial court's determination on the admissibility of the evidence of other …
- njcourts.gov… of various recorded documents to reflect the frontage determinations. Defendants also appeal the motion judge's … quiet title, N.J.S.A. 2A:62-1 to -10; ejectment and determination of title, N.J.S.A. 2A:35-1 to -3; quia timet; … constructive notice of the frontage discrepancies, is amply supported by the record. Her finding that defendants had …
- njcourts.gov… arbitrary, capricious nor unreasonable and was certainly supported by both credible evidence and confirmed with the … the dispute shall be tried either before or after the determination of damages as the court may direct." As such, … the dispute shall be tried either before or after the determination of damages as the court may direct." Relevant to …
- MS SERVICES, LLC VS. PASQUALE CALABRIA, ET AL. (L-0102-17, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 125 (App. Div. 2014)). "Nonetheless, 'the essential facts supporting plaintiff's cause of action must be presented in … As an initial matter, we part ways with the judge's determination that to maintain an alternative CFA claim to a … of another to control that chattel." Meisels v. Fox Rothschild LLP, 240 N.J. 286, 305 (2020); see also LaPlace v. …