-
njcourts.gov
… and the Board hearing Camden's modified [parking] plan, are supported by the record and satisfied the MLUL." The judge … provision of the rule leaves the issue to the court for determination on a case by case basis." Pressler & Verniero, … further argues that the judge erred in making a factual determination based solely on the certification that the …
-
njcourts.gov
… planter had been placed at the corner by the [B]orough." In support of its summary judgment motion, the Borough … an approved design. Plaintiff also argues the court's determination that the Borough had no notice, actual or …
-
njcourts.gov
… we may review and modify a sentence when the judge's determination was "clearly mistaken." State v. Jabbour, 118 … goal, sentencing courts must "state . . . the factual basis supporting a finding of particular aggravating or mitigating …
-
njcourts.gov
… not confined by the pleadings in making a jurisdictional determination. Carteret Sav. Bank v. Shushan, 954 F.2d 141, … principal place of business are both Michigan, the record supports a finding that TTI maintained an office in Florham …
-
njcourts.gov
… the party asserting the adequacy of defendant’s contacts to support specific jurisdiction who bears the burden of …
-
njcourts.gov
… further agrees with defendants that the evidence fails to support an easement by prescription. Plaintiff’s use of the …
-
njcourts.gov
… judge's factual findings, "so long as those findings are supported by sufficient credible evidence in the record." …
-
njcourts.gov
… December 16, 2021. Jacob S. Perskie for plaintiff (Fox Rothschild, L.L.P., attorneys; Robert P. Lang and Jacob S. … 107 (Mar. 21, 2020); Exec. Order No. 152 (June 9, 2020). In support of the appeal, the plaintiff submitted various … at the end of the day it turns upon a credibility -12- determination and it would not be proper for this Court to …
-
njcourts.gov
… arguments. We add only these comments. The State's evidence supported both the charge on accomplice liability and the …
-
njcourts.gov
… unacceptable." Ibid. As explained further infra, "policy determinations, such as which offenses to aggressively … STATE) WERE SPECULATIVE, LADEN WITH GENERALITIES, BARE ON SUPPORTING FACTS, OVER INCLUSIVE, AND CONTRARY TO … 439 N.J. Super. at 234. Defendant cites his age, education, children and motorcycle injuries, and claims he was under …
-
njcourts.gov
… to search the vehicle. That issue turned on credibility determinations. For these reasons, we are constrained 3 … The deference extends to the trial court's credibility determinations. Ibid. That is so because factual findings and … the factual basis for his guilty plea was inadequate to support the possessory CDS offense to which he plead guilty. …
-
njcourts.gov
… court's factual findings as long as those findings are supported by sufficient credible evidence in the record. …
-
njcourts.gov
… We "will uphold [a] PCR court's findings that are supported by sufficient credible evidence in the record." … under the abuse of discretion standard [a] PCR court's determination to proceed without an evidentiary hearing." …
-
njcourts.gov
… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 10 A-4025-15T1 N.J. Super. … . ." J.S. v. R.T.H., 155 N.J. 330, 337 (1998). "[I]n its determination whether to impose a duty, [a court] must also … to prevent her husband's sexual abuse of her neighbor's children. J.S., 155 N.J. at 334, 353-54. The Court found …
-
njcourts.gov
… summary judgment; however, we base our affirmance on our determination that no jury could objectively conclude that … review orders and not, strictly speaking, reasons that support them. . . . [A] correct result, even if predicated … for the jury. See Vincitore, 169 N.J. at 130. However, a determination of palpable unreasonableness, "like any other …
-
njcourts.gov
… . . . from manifest lack of inherently credible evidence to support the finding, obvious overlooking or underevaluation …
-
njcourts.gov
… other grounds, 7 A-2101-16T1 188 N.J. 359, 362 (2006), for support, the prosecutor determined that "defendant's crimes …
-
njcourts.gov
… denying his DNA motion. We affirm. I. The trial testimony supporting defendant's convictions are set forth in detail … Ibid. However, "our review of a trial court's legal determinations . . . is de novo." Ibid. N.J.S.A. 2A:84A-32a …
-
njcourts.gov
… must "not accept passively the submissions of counsel to support the lodestar amount." He found that "this task has … we accord significant deference to the trial judge's determinations. McGowan v. O'Rourke, 391 N.J. Super. 502, 508 (App. Div. 2007). A trial judge's "fee determinations . . . will be disturbed only on the rarest of …
-
njcourts.gov
… point in controversy; not even "a set of arbitrary signs" supports respondents' argument. The judgments under review …