Filters
- 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 …
- 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-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-4593-17T4 Opinionnjcourts.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. …
- C-000273-17 Opinionnjcourts.gov… in accordance with Section 10 of the Agreement (titled “Determination of Value”). The specific language of Section 10 … purchase price. After discovery, however, and the determination by this court that the defendants are in fact … defendants' actions clearly do not rise to a level supported by an action for oppression under RULLCA. Under …
- A-2405-16T1 Opinionnjcourts.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 …
- A-1415-17T2 Opinionnjcourts.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 …
- A-3480-17T4 Opinionnjcourts.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 …
- A-3554-17T2 Opinionnjcourts.gov… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
- 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-4932-17T4 Opinionnjcourts.gov… the two mitigating factors. We agree with the PCR judge's determination because defendant's past criminal record … 321 N.J. Super. 154, 170 (App. Div. 1999). The record amply supports the PCR judge's findings and conclusions. Defendant …
- A-5192-16T4 Opinionnjcourts.gov… the occupant told them the defendant was living with his children and their mother at another location. Ibid. Without … there is sufficient credible evidence in the record to support the judge's determination that C.C.'s consent was voluntary and not …
- A-0512-17T4 Opinionnjcourts.gov… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is not …
- 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-3070-17T1 Opinionnjcourts.gov… Court reasoned: [D]efendant's factual circumstances do not support an "involving or touching" conclusion in respect of …
- A-4898-17T4 Opinionnjcourts.gov… the trial de novo demand. Defendant cites to Vanderslice to support this argument, arguing "[t]he Supreme Court …
- A-4423-16T3 Opinionnjcourts.gov… holding: Rule 607 permits, "for the purpose of impairing or supporting the credibility of a witness, any party including …
- A-2583-16T4 Opinionnjcourts.gov… decision. 8 A-2583-16T4 We review a summary judgment determination de novo, applying the same standard as the trial … 140 N.J. 366, 378 (1995)). A trial court reviewing a determination by a board is required to give deference to the … Corporation v. Planning Board of Township of Clinton in support of her argument is misplaced. In Brower, we held a …
- A-4771-15T1 Opinionnjcourts.gov… court in determining whether to admit evidence, and that determination will be reversed only if it constitutes an abuse … the trial court's decision so long as those findings are supported by sufficient credible evidence in the record." …
- A-0626-15T3 Opinionnjcourts.gov… it, so long as he clearly leaves to the jury the ultimate determination of the facts and the rendering of a just and … testimony so long as that testimony is "based on, and supported by testimony about, the officer's personal …