-
njcourts.gov
… Avenue in Elizabeth ("the property"). Because the record supports the court's determination that SHMI was a title holder when the complaint … the default foreclosure judgment. II Generally, a court's determination under Rule 4:50-1 warrants substantial deference …
-
njcourts.gov
… of review following a bench trial is well-known. Final determinations made by the trial court sitting in a non-jury … judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 237 N.J. Super. at 612).4 No proofs in the trial record support a reasonable relationship between the default rate …
-
njcourts.gov
… or April 2018 when plaintiff discovered the damage.2 In support of that argument, plaintiff relies on one case: …
-
njcourts.gov
… trial courts should grant evidentiary hearings and make a determination on the merits only if the defendant has … prior to Padilla. We conclude that this record does not support any claim that either of defendant's attorneys … where the deficient representation of counsel affected "a determination of guilt or otherwise wrought a miscarriage of …
-
njcourts.gov
… 2007 loan, and $5,587.20 allocated to the 2008 loan.2 In support of its claim, the Authority introduced into …
-
njcourts.gov
… The parties submitted voluminous factual materials in support of and in opposition to the motions, including …
-
njcourts.gov
… responsible" for the others. Armstrong's plea colloquy supported this, referring to defendant simply as a … of the factors was "misplaced, unwarranted, and unsupported by the evidence in the case." The court …
-
njcourts.gov
… to be procedurally barred, and in failing to include supporting certifications with his petitions, clearly lack … an evidentiary hearing. Preciose, 129 N.J. at 462. The determination whether to hold an evidentiary hearing on an …
-
njcourts.gov
… capricious, or unreasonable, or . . . lacks fair support in the record." In re Herrmann, 192 N.J. 19, 27-28 …
-
njcourts.gov
… a judgment on one of the six specified grounds is a determination left to the sound discretion of the trial court, … 6 A-4126-15T1 N.J. 201, 207 (2003). "The trial court's determination under the rule warrants substantial deference, … to determine if the LLC was a sham corporation and thus to support plaintiff's cause of action against Hernandez …
-
njcourts.gov
… upon the monitor's decision to override the Board's determination to appoint CEB to serve as the broker of record … adjourned the motion to enable plaintiffs to file papers in support of this new factual claim, but they failed to do so. …
-
njcourts.gov
… to In re L.B., 369 N.J. Super. 354 (Law Div. 2004), to support his claim that the trial court's denial of …
-
njcourts.gov
… The burden is on the defendant to show the evidence to support the indictment is lacking. State v. McCrary, 97 N.J. … discern no abuse of the motion judge's discretion in the determination the State did not establish a prima facie case …
-
njcourts.gov
… never received plaintiff's 311 message, the record does not support that contention. Two days after plaintiff's 311 …
-
njcourts.gov
… factual findings made by the trial court 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 …
-
njcourts.gov
… the cell phone. She may have given it to her husband or children. Plaintiff's counsel represented he had been in … a motion to which the order to compel shall be annexed, supported by a certification asserting the delinquent …
-
njcourts.gov
… in defendant's statement of material facts submitted in support of its summary judgment motion pursuant to Rule … sidewalk and 'structurally an integral part' of it." Our determination the commercial landowner had a duty to maintain …
-
njcourts.gov
… as derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment …
-
njcourts.gov
… the judge explaining that the equitable distribution determination would be the same regardless of the reasons for … differences. Plaintiff fails to present any argument in support of this claim. Plaintiff merely states he "would …
-
njcourts.gov
… following facts are derived from the evidence presented in support of, in opposition to, and in reply to the motion for … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …