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njcourts.gov
… her faculties. Moreover, the judge further noted that the determination of liability is guided by a weighing and … of decisions which he determined were pertinent to his determination. At the conclusion of his analysis, the judge … doorway at issue here. Even inferentially, the record lacks support that the defective condition was patent to a …
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njcourts.gov
… In Mauro, the expert testified to statistics and data to support his findings of the plaintiff's enhanced medical … 1:8-3. As such, we accord deference to the trial court's determination under the abuse of discretion standard. Roman, … We discern no abuse of discretion in the judge's determination. Affirmed. … a3956-15.pdf … A-3956-15T3 …
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njcourts.gov
… defendant broke into an apartment where two women and two children were present. Threatening the women with a knife, … other victim. Thereafter, defendant killed the two young children by smothering them with a pillow. The second woman … hearing if he or she establishes a prima facie case in support of PCR. Moreover, there must be "material issues of …
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njcourts.gov
… under the Act of the defendants' religious works. The determination that a party is a "beneficiary" of an entity’s … or recklessness). We are satisfied the record does not support a finding of gross negligence by defendants that …
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njcourts.gov
… alleged unclean hands; (10) defendants offered no facts in support of their claim plaintiff failed to mitigate damages; … order as a matter of law." R. 4:46-2(c). When making this determination, the court must examine "whether the competent … Div. 1998)). We afford no special deference to legal determinations of the trial court. Templo Fuente, 224 N.J. at …
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njcourts.gov
… the statement of undisputed material facts it submitted in support of its summary judgment motion: Clyde Neil passed … 242, 249 (1986)); accord R. 4:46-2(c). A trial court's determination that a party is entitled 9 A-2716-17T2 to … a claim may not be satisfied by an expert opinion that is unsupported by the factual record or by an expert's …
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njcourts.gov
… filed a petition for PCR. In a certification submitted in support of his petition, defendant asserted that: (1) he was … asserted before the PCR court. We affirm the PCR court's determinations substantially for the reasons set forth in its …
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njcourts.gov
… Bd. of Tp. of Union, 352 N.J. Super. 544 (App. Div. 2002) supports their argument that the ex parte communications …
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njcourts.gov
… investigated his or her case, defendant must assert facts supported by affidavits or certifications based upon the …
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njcourts.gov
… DEFENDANT FOR HIS ONLY INDICTABLE CONVICTION IS UNSUPPORTED AND EXCESSIVE. Having considered defendant's … the aggravating factors and lack of mitigating factors were supported by evidence in the record. The judge then followed …
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njcourts.gov
… and impossible to identify. Each of these findings is amply supported by the record. We discern no abuse of discretion … judge] reviews the transcript and makes an independent determination of the sufficiency of the evidence presented, … The Law Division judge rendered independent credibility determinations, findings of fact, and legal conclusions in his …
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njcourts.gov
… of the common weal." Id. at 295. The PBA fails to support its claim that not awarding bonus vacation days for …
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njcourts.gov
… academy. Petitioner listed incidents in 2013 and 2007 in support of his application for accidental retirement … 8 A-3713-16T1 agency's interpretation of a statute or its determination of a strictly legal issue." Richardson, 192 N.J. …
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njcourts.gov
… in April 2016.1 The decision to sever was based on a determination that N.J.R.E. 404(b) did not permit the … in a trial on the seven A.W. counts. The judge made this determination by assuming that, even if the first three prongs … for purposes of the severance argument that these prongs supported admission of prior-bad-act evidence. Because we …
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njcourts.gov
… activities are limited. 13 A-0757-16T1 In view of our determination that summary judgment was properly granted to … because plaintiff failed to present sufficient evidence to support a claim under N.J.S.A. 59:4-2 for the alleged …
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njcourts.gov
… HEARING AT WHICH THE COURT MUST "TAKE INTO ACCOUNT HOW CHILDREN ARE DIFFERENT, AND HOW THOSE DIFFERENCES COUNSEL … be delivered to the jury only when there is 'obvious record support for such [a] charge[.]'" State v. Funderburg, 225 …
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njcourts.gov
… and the second judge agreed with plaintiffs that the record supported the grant of a waiver under N.J.S.A. 2A:53A-41(c) …
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njcourts.gov
… consideration the effects of any taxes or fees prior to a determination of the highest bid. In addition, the bidders … will be binding on appeal so long as they 10 A-0370-21 are supported by "adequate, substantial, credible evidence." …
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njcourts.gov
… submitted a memorandum of law and a certification in support of this motion, attaching the 2015 Retail Order for …
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njcourts.gov
… Marc J. Gross argued the cause for appellants (Fox Rothschild LLP, attorneys; Marc J. Gross and Jordan B. Kaplan, on … The court further found the factual allegations that support the claims for malicious use and abuse of process …