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… to a fishing expedition on facts that cannot and would not support the Amended Complaint. It is against this background … party to go on a fishing expedition related to general or unsupported allegations. Cain v. Merck & Co., Inc., 415 N.J. … be presented to the SDM for an in camera review and determination. Confidentiality alone does not prevent …
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… parties have now filed application to this court for a determination of jail credits. The issue was fully briefed and … Both parties cite to State v. Joe, 228 N.J. 125 (2017) in support of their respective arguments based upon the …
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… in this matter. That assertion alone is insufficient to support a petition under the rule. The Appellate Court in …
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… plaintiff’s motion to appoint a custodial receiver. In support of its motion, plaintiff provides the certification … That is simply not the case here. In Steward v. Fairchild–Baldwin Co., 91 N.J. Eq. 86, 91 (E. & A. 1919), there … care or preservation difficult or expensive pending the determination of the action, the superior court may, before …
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… found “substantial” negative impacts without evidentiary support. Therefore, the Board’s decision was arbitrary and …
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… claims of individual liability that were not A-2645-10T3 12 supported by sufficient proofs should have been dismissed … diligence they could not have learned earlier. We make no determination here regarding whether the Law Division …
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… homeowner. In this light, we must decide whether these determinations: (1) entitle the contractor to a money judgment … counterclaims. We conclude that the arbitrator's determination establishes only a prejudgment lien that must be … on its breach of contract and unjust enrichment claims. In support of the motion, plaintiff submitted a certification, …
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… to be appropriate, plaintiff must provide evidence to support aggravation of a pre-existing injury. See Edwards v. …
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… 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, …
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… 382-83 (2010). We also review de novo "the trial court's determination of [a] motion to dismiss under Rule 4:6-2(e)." … and the motion to dismiss. Defendant's certification in support of her opposition to plaintiff's motion for summary …
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… did not overcome the evidence Village had offered that supported its interpretation and application of Article … essence of said Agreement. We agree with Judge Wilson's determination: nothing in the record demonstrates that the …
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… N.J. 320, 330 (2010). While we review de novo an agency's determination that there are no genuine issues of material … bound by the agency's interpretation of a statute or its determination of a strictly legal issue." Mayflower Sec. Co. … we surveyed other subsections of the LGEL. We noted to support a subsection (d) violation, "[i]t is not necessary …
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… past practices. The interpretation was justifiable, supported by the record, and meets the "reasonably …
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… venture. Additionally, a plain reading of the subpoena supported the judge's determination that the requested documents were corporate in …
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… them. III. "We give no deference to a trial court's legal determinations when no issue of fact exists." Barron v. … limitations period, or apply equitable principles absent support in the record, as "equity follows the law." West …
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… with drawings of bicycles leading to Nosenzo Pond Road, to support their argument the roadway shoulder could be …
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… and defendant's claim of "excusable neglect" was unsupported by the facts presented, but even if defendant's … so holding, the [c]ourt [b]elow relied on facts that were unsupported by the record, and legal principles that were … the truth. A-2384-22 10 Defendant cites no authority to support his request to reduce the amount of restitution he …
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… opposite the firehouse. The impact damaged the building's support columns. Plaintiff Berta Abreu Flores, a … same record as the motion judge, we review the court's determination de novo. Branch v. Cream-O-Land Dairy, 244 N.J. …
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… to the touch, permitting his name to be drawn first. In support of the OTSC, plaintiff also submitted a March 18 … 379 (App. Div. 1985)). The Court "recognize[s] that the determination to authorize preliminary relief summons the most …
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… objectives. The court thus concluded the Planning Board's determination approving the final site plan was not arbitrary, … discretionary decisions of local [land use] boards that are supported by substantial evidence in the record and reflect … review for a Planning Board's factual and discretionary determinations continues on appeal. Dowel Assocs. v. Harmony …