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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.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. …
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njcourts.gov
… property? (2) Is there evidence in the record that could support a finding of fact on this point? (3) Is expert … of the risk of harm is the foundational element in the determination of whether a duty exists." Ibid. (quoting J.S. …
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njcourts.gov
… v. Colley, 397 N.J. Super. 214, 219 (App. Div. 2007)). Support was found in State v. Cromwell, 194 N.J. Super. 519, …
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njcourts.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 …
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njcourts.gov
… in which the statutory exemption is applicable supports the view that the statute permits gun owners to … and not an adjudicative body" and that "[c]redibility determinations and the resolution of factual disputes are …
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njcourts.gov
… The Board filed a Petition for Scope of Negotiations Determination. PERC's March 31, 2016 decision found … review. Courts "apply a deferential standard of review to determinations made by PERC." City of Jersey City v. Jersey … 18A:6-8.5(c). Thus, the Governor's signing statement supports enforcing that requirement rather than subjecting …
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njcourts.gov
… to be determined by motion. The order stated that upon determination of that motion, a final judgment "shall" provide … a miscarriage, but otherwise makes its own independent determination of whether a miscarriage of justice occurred. … indemnified plaintiff for his negligence was not supported. Defendants cite no other legal authority that an …
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njcourts.gov
… defendant also moved to vacate the final judgment. In his supporting certification, DeLeon claimed he was unaware that … 191 N.J. 88, 123 (2007)). Indeed, "[t]he trial court's determination under [Rule 4:50-1] warrants substantial …
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njcourts.gov
… following contentions: POINT-I THE PCR COURT ERRED IN ITS DETERMINATION THAT THE DEFENDANT DID NOT SATISFY THE … trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … if a new trial were granted. Lastly, the record does not support defendant's argument that James' availability to …
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njcourts.gov
… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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njcourts.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 …
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njcourts.gov
… findings after the suppression hearing, as they were "supported by sufficient credible evidence in the record." …
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njcourts.gov
… Court reasoned: [D]efendant's factual circumstances do not support an "involving or touching" conclusion in respect of …
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njcourts.gov
… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
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njcourts.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 …
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njcourts.gov
… concluded that Willis' had not made a prima facie claim in support of post-conviction relief, State v. Preciose, 129 1 …