-
njcourts.gov
… findings of a trial judge unless "they are so manifestly unsupported by or inconsistent with the competent, relevant … to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the …
-
njcourts.gov
… WEIGHING OF THE AGGRAVATING AND MITIGATING FACTORS DOES NOT SUPPORT THE IMPOSITION OF AN AGGREGATE SENTENCE OF …
-
njcourts.gov
… to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … was driving and he was intoxicated when doing so. His determination was supported by finding Sgt. Conforti gave credible testimony …
-
njcourts.gov
… Ginsberg's October 2017 motion was procedurally flawed, supporting the Chancery judge's denial of the request to …
-
njcourts.gov
… the allegations pertaining to newly discovered evidence in support of his motion for a new trial. On October 04, 2012, … nothing in the record warrants disturbing the PCR court's determination that Priester's representation was not credible. … is collateral and not likely to change both the judge's determination in the suppression motion and the jury verdict. …
-
njcourts.gov
… Enterprises, 266 N.J. Super. 662 (App. Div. 1993) does not support her argument. Allendorf requires that [a]party …
-
njcourts.gov
… LLC (Transcend), summary judgment based on the court's determination that when plaintiff was injured he was a … (2005) (citing R. 4:46-2(c)). The five-factor test for determination of a "special employer-employee relationship" is … authority to hire or discharge plaintiff. Because the facts supporting the five factors are similar to those cases where …
-
njcourts.gov
… found “substantial” negative impacts without evidentiary support. Therefore, the Board’s decision was arbitrary and …
-
njcourts.gov
… the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." … courts should reverse only when the trial court's determination is 'so clearly mistaken "that the interests of …
-
njcourts.gov
… The Law Division judge gave deference to the credibility determinations of the municipal court judge and independently … or some of the factors is not conclusive of the ultimate determination of whether the right has been violated." Id. at … 131, 155 (2014). Defendant asserts other errors at trial in support of his cumulative error claim. On the January 9, …
-
njcourts.gov
… to be appropriate, plaintiff must provide evidence to support aggravation of a pre-existing injury. See Edwards v. …
-
njcourts.gov
… L.L.C. We affirm. The evidence submitted by the parties in support of, and in opposition to, defendants' summary … we discern no basis to disturb the trial judge's reasoned determination that summary judgment was inappropriate in this … materials in any way they wished. When, as here, the determination of material disputed facts depends primarily on …
-
njcourts.gov
… of counsel fees to be submitted to the court for its determination. Plaintiff argued before the trial judge that, … counsel fees and costs for an abuse of discretion. "[F]ee determinations by trial courts will be disturbed only on the … she is not entitled to counsel fees. We discern no support for this argument. The parties agree that the …
-
njcourts.gov
… weight of the evidence on the motion record overwhelmingly supports his assertion that he never received Hartford's … 2512, 91 L. Ed. 2d 202, 214 (1986)). When making this determination, the evidence must be viewed "in the light most …
-
njcourts.gov
… tube, or brush; (4) Damage to any structure or foundation supporting the "covered equipment" or any of its parts; (5) …
-
njcourts.gov
… court applied the correct legal standard, and the record supports its determination that plaintiff does not have a right under the …
-
njcourts.gov
… and assessments for DWI include a $100 surcharge to support the Drunk Driving Enforcement Fund, N.J.S.A. … 244, 251 (App. Div. 2001), because the Law Division's determination is de novo on the record from the municipal …
-
njcourts.gov
… to the STU. Several factors contributed to the doctor's determination, including appellant's level of treatment … scope of an appellate court's review of a SVPA commitment determination "is extremely narrow." In re Civil Commitment of … Given this expert testimony, there was substantial evidence supporting the judge's finding that appellant still has …
-
njcourts.gov
… for counsel to advance any argument on appeal in support of suppressing the evidence in the trunk. The PCR …
-
njcourts.gov
… no grounds under the APDRA to vacate the arbitration determination. Specifically, the motion judge found that the … applied and plaintiff had to present documentation to support her claims. We need not determine whether plaintiff …