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njcourts.gov
… following facts are derived from the evidence presented in support of, and in opposition to, Bystrowski's motion for …
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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
… EXCESSIVE SENTENCE REQUIRING REVERSAL. A. ALTHOUGH SUPPORTED BY AMPLE EVIDENCE IN THE RECORD, THE JUDGE … other jurors to ensure the impartiality of the jury. That determination should be explained on the record to facilitate … for her departure. Our Supreme Court cautioned the "determination that the reasons for the removal of [a juror] …
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njcourts.gov
… run in July 2003. The trial judge principally based his determination on plaintiff's deposition testimony, noting: … findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … discern no basis to disturb the motion and trial judge's determinations to bar plaintiff's complaint on statute of …
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njcourts.gov
… a new trial. R. 2:10-1. Moreover, there is no evidence to support plaintiff's contention that the instruction caused …
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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
… 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
… 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
… about insurance coverage. The summary judgment record supported the judge's first decision, and there was no abuse …
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njcourts.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." …
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njcourts.gov
… Cape May County Prosecutor's Office, provided the affidavit supporting the warrant application. Because a judge … 462 U.S. at 238). Courts must base a probable cause determination on the totality of the circumstances and … "should pay substantial deference" to the discretionary determination of the issuing judge. Kasabucki, 52 N.J. at 117. …
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njcourts.gov
… and the Botwins timely appealed the Director’s final determination to the Tax Court. For the reasons described more … a motion for summary judgment under R. 4:46-2, the determination whether there exists a genuine issue with … specific to each dealer. No evidence is before the court to support such a proffer under the Lemon Law or tax law. The …
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njcourts.gov
… directed her to file a certification in this regard, with supporting documentation if any, and permitted the Township … provides as follows: Review of judgment, action or determination of county board of taxation. a. Any party who is dissatisfied with the judgment, action or determination of the county board of taxation may seek review …
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njcourts.gov
… connotes employment or application to an end.” The Court supported this ruling by comparing the statute’s grant of … Ibid. When this “test is to be applied,” the court’s determination should be made “with reference to the object … judgment. Indeed, even in Borough of Middlesex, the determination that an area served as a “buffer” was based on …
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njcourts.gov
… intelligibility." Wein, 80 N.J. at 497. "In making that determination, the court looks to whether the indictment is … as uncertainty, if he is correct, would tend to support an inference that a reasonable person would take …
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njcourts.gov
… we "defer to the trial court's factual findings that are supported by sufficient credible evidence in the record and …
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njcourts.gov
… the PCR application sets forth facts that could potentially support a claim of self-defense or defense of others, …
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njcourts.gov
… Proof Hearing at which you must present all documents that support your case such as canceled checks, money orders, …
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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
… 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. …