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njcourts.gov
… major or most important duty that the employee performs. Determination of an employee's primary duty must be based on … meet the primary duty requirement if the other factors support such a conclusion. (c) Thus, for example, assistant …
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njcourts.gov
… the result we reach might be different if the evidence in support of the indictment were sufficient to create an …
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njcourts.gov
… 117 N.J. 402 (1990)] considered several factors that would support the reasonable juror's finding such as "the quantity … The court may consider several factors in making its determination of whether a defendant is intoxicated to the … led to his arrest. We discern no error in the court's determination that defendant was not so intoxicated to reach a …
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njcourts.gov
… liability.1 Because Mercado contends, with some evidentiary support, that the accident was caused by defendant bus …
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njcourts.gov
… Declarations, By- Laws[,] and Rules and Regulations." In support of her allegation that pleadings 14 A-0407-19T1 …
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njcourts.gov
… concluded that Willis' had not made a prima facie claim in support of post-conviction relief, State v. Preciose, 129 1 …
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njcourts.gov
… to the evaluation of whether the trial judge's findings are supported by substantial, credible evidence in the record as … court's findings of fact, especially when credibility determinations are involved, we do not defer on questions of …
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njcourts.gov
… we accept a trial court's findings of fact if they are supported by sufficient credible evidence in the record. … are constrained to defer to the trial judge's credibility determination that Officer Ambrose stopped the Envoy in order …
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njcourts.gov
… reviewing the underlying basis of defendant's claims in support of PCR, this court held the arguments raised by …
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njcourts.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 …
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njcourts.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 …
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njcourts.gov
… court "erred in passing judgment" on the hospital's SPAE determination because under the PSA, the court has no role in reviewing a health care facility's SPAE determination. Id. at 246-47. The Court also held that the … would be "overly burdensome." The record does not, however, support that claim. Moreover, NMC has conceded that an …
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njcourts.gov
… "once the moving party presents sufficient evidence in support of the motion, the opposing party must 'demonstrate …
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njcourts.gov
… holding: Rule 607 permits, "for the purpose of impairing or supporting the credibility of a witness, any party including …
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njcourts.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 …
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njcourts.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 …
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njcourts.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 …
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njcourts.gov
… expert may offer out-of-court statements of others to support the opinions presented."). "However, hearsay is not …
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njcourts.gov
… argues the sponsor statement of N.J.S.A. 2A:50-56.1 supports her legal position. The statement provides: The …
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njcourts.gov
… supra, 406 N.J. Super. at 521. These circumstances amply support the motion judge's determination that the re-entry into the Honda was both a 11 …