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- A-4802-17T4 Opinionnjcourts.gov… defendant offered contrasting theories of causation, each supported by expert testimony"). We now explain why the …
- A-4742-18 Opinionnjcourts.gov… liability.1 Because Mercado contends, with some evidentiary support, that the accident was caused by defendant bus …
- A-4040-18/A-4456-18 Opinionnjcourts.gov… concluded that Willis' had not made a prima facie claim in support of post-conviction relief, State v. Preciose, 129 1 …
- A-1227-19 Opinionnjcourts.gov… to the evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … court's findings of fact, especially when credibility determinations are involved, we do not defer on questions of …
- A-2141-19 Opinionnjcourts.gov… valid, we defer to its judgment "so long as its decision is supported by the record and is not so arbitrary, … That section of the Rule, however, applies to "a determination of a planning board or board of adjustment , or …
- A-4301-18 Opinionnjcourts.gov… we accept a trial court's findings of fact if they are supported by sufficient credible evidence in the record. … are constrained to defer to the trial judge's credibility determination that Officer Ambrose stopped the Envoy in order …
- A-1514-18 Opinionnjcourts.gov… reviewing the underlying basis of defendant's claims in support of PCR, this court held the arguments raised by …
- A-2414-18T4 Opinionnjcourts.gov… Sports and Exposition Authority, 104 N.J. 80 (1986), to support his argument that defendant had an independent duty … immunity under N.J.S.A. 59:4-6 was inconsistent with his determination that defendant was not independently negligent. … immunity – although correct – conflicts with the judge's determination that defendant was not independently negligent. …
- A-0407-19T1 Opinionnjcourts.gov… Declarations, By- Laws[,] and Rules and Regulations." In support of her allegation that pleadings 14 A-0407-19T1 …
- A-1618-19T2/A-1630-19T2 Opinionnjcourts.gov… of tort claim pursuant to N.J.S.A. 59:8-9. The motion was supported only by plaintiff's and her daughter's 2 Plaintiff … N.J. 335, 344 (2019) (noting N.J.S.A. 59:8-9 leaves the determination of whether a late notice may be filed to judge's … and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's …
- A-5134-17T1 Opinionnjcourts.gov… by the trial court will be disturbed only when they are not supported by sufficient credible evidence in the record. … Accordingly, we reverse "only when the trial court's determination is 'so clearly mistaken that the interests of … 218 N.J. at 425). We review the trial court's legal determinations de novo. Id. at 38 (citing Gamble, 218 N.J. at …
- A-3722-18T3 Opinionnjcourts.gov… not timely, but did not make adequate factual findings to support the ruling and failed to address plaintiff's … disputed issues of material fact is necessary for any determination as to whether relief from the judgment is …
- A-4406-18T1 Opinionnjcourts.gov… resides there with his "significant-other," five young children, and a young adult who suffers from "bipolar … sale. Under his father's name, he filed a "Certification in Support of Motion," which referenced a motion to vacate …
- A-1986-19T2 Opinionnjcourts.gov… to grant relief and, so, we sustain the trial judge's determination that defense counsel's errors do not require … defendant moved to vacate the confirmation order. In a supporting certification, defense counsel stated he was in … been presented with no reason to question the judge's determination that there were reasonable grounds to excuse …
- A-1530-18T2 Opinionnjcourts.gov… Legislature later explicitly delegated pension forfeiture determinations pursuant to N.J.S.A. 43:1-3.1 to the judiciary. … was obligated to enter a forfeiture order upon its legal determination that Ortmann was convicted of a substantially … will survive a due process challenge so long as it is supported by a rational basis. Ibid. Although public …
- A-1622-17T2 Opinionnjcourts.gov… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … other jurors to ensure the impartiality of the jury. That determination should be explained on the record to facilitate … for her departure. Our Supreme Court cautioned the "determination that the reasons for the removal of [a juror] …
- A-1474-18T1 Opinionnjcourts.gov… not point to any objective credible medical evidence" in support of her claim. She also failed to provide the … deemed to have waived any challenge to the trial court's determination that she failed to show her injuries satisfy the …
- A-2628-18T4 Opinionnjcourts.gov… restored had plaintiff filed a timely motion to reinstate supported by "a one paragraph certification." The court did … that our court rules shall be construed to secure a just determination, simplicity in procedure, fairness in … as "a means to the end of obtaining just and expeditious determinations between the parties on the ultimate merits." …
- A-2903-18T4/A-4443-18T4 Opinionnjcourts.gov… and application of the TCA to undisputed facts is a legal determination that we review de novo. See Jones v. Morey's … and materials beyond the pleadings were submitted in support of the motions to dismiss, we treat them as motions …
- A-2887-18T1 Opinionnjcourts.gov… for its payment to Vornado. We review such legal determination de novo. Templo Fuente De Vida Corp., … of a remedy in the buyer against the seller . . . but a determination of responsibility for satisfying such a remedy. … Div. 2006). Moreover, in any event, the record did not support a finding that defendant violated any of its …