njcourts.gov
… RELATIONS. POINT III: THERE WAS NO FACTUAL BASIS TO SUPPORT [DEFENDANT]'S PLEA; THUS [DEFENDANT]'S SENTENCE WAS … the sense that an error or violation played a role in the determination of defendant's guilt in order to overcome the …
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… A motion for summary judgment should be denied where the determination of a material disputed fact depends on a credibility determination. See Parks v. Rogers, 176 N.J. 491, 502 (2003). … On remand, the parties may assert alternate grounds in support of denial of the request to produce the messages. …
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… We are satisfied the record lacks any evidence to support defendant's claim that plaintiffs knowingly or …
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… we will 'not engage in a strained construction to support the imposition of liability or write a better policy …
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… REGARDING THE VICTIM'S PRIOR VIOLENCE, WHICH WOULD HAVE SUPPORTED THE DEFENDANT'S CLAIM THAT HE ACTED IN …
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… McInerney's legal fees, as plaintiff's objections were unsupported. She further found plaintiff's objections to … v. A.L.G., 176 N.J. 201, 207 (2003)). "The trial court's determination under the rule warrants substantial deference, … that the rule is "designed to remedy." The record does not support the claim. Plaintiff has not established the …
njcourts.gov
… things needed are homeowners insurance, executed flood determination notice, and proof of deposit, which . . . the … While the judge "must accept as true all the evidence which supports the position of the party defending against the … summary judgment was appropriate, as, given our foregoing determinations, D'Agostino failed to prove that the Carlin …
njcourts.gov
… of counsel (IAC), and was assigned PCR counsel. To support his petition, defendant certified his "attorney … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing. State … Padilla v. Kentucky, 559 U.S. 356, 372 (2010)). That determination should be "based on evidence, not speculation." …
njcourts.gov
… was attributable to Robert's claim. Robert then sought a determination as to the amount of the settlement that … is not subject to the section 40 lien. The record does not support the conclusion that plaintiffs sought the allocation …
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… $3 fee. A plain reading of GEPAA, however, does not support such a construction. 14 A-5028-16T1 The "obligation" …
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… sixteen- year-old girlfriend and the mother of their two children, died after being shot six times. Three days … N.J. 527, 551 (2007). We found that ethical obligation was supported by RPC 3.3. McKenney, 330 N.J. Super. at 588 n.1. …
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… The judge also indicated he based his credibility determinations and concomitant factual findings concerning the … AGAINST [DEFENDANT] BECAUSE ITS ISSUANCE IS SO MANIFESTLY UNSUPPORTED BY OR INCONSISTENT WITH THE COMPETENT, RELEVANT … an FRO pursuant to the NJPDVA, the judge must make two determinations. See Silver, 387 N.J. Super. at 125-27. Under …
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… the motion judge was not bound by the Third Circuit's determination that the defendants were entitled to qualified … this [c]ourt affords no special deference to the legal determinations of the [motion judge] ." RSI Bank, 234 N.J. at … in the proceedings as possible, preferably on a properly supported motion for summary judgment or dismissal.'" N.E. …
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… the Downtown Redevelopment Area and presented its determination to the Township's governing body. In 2000, the … any of the other remedies [the Estate] seeks." The record supports the trial court's findings and legal conclusions. …
njcourts.gov
… 327, 344-45 (2002). Thus, we agree with the trial court's determination that plaintiffs' covenant of good faith and fair … obligations"; and (5) SCF's assumption of the lease was supported by valuable consideration, namely access to the …
njcourts.gov
… reviewing the evidence, the Committee made factual determinations, supported by clear and convincing evidence, which form the … as parents, to respond to a felt unjust abuse of their children….judges must always be conscious that they not blur …
njcourts.gov
… in scope. Defendant offers no new information or legal support warranting re-litigation of any sentencing issues. …
njcourts.gov
… "any new legal issues, nor [did] it offer any factual determinations or legal rulings that were made in error during … plaintiff waived defendant's CFA obligations. "Final determinations made by the trial court in a non-jury case are … "findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." …
njcourts.gov
… for decedent's property. The Estate has cited no authority supporting this contention. 15 A-1242-23 We observe that … 320 (App. Div. 2012)). We have long recognized that mere unsupported statements and "uncorroborated testimony of . . . …
njcourts.gov
… the dismissal, concluding the AOM was insufficient to support the plaintiff's vicarious liability claim because … issue. The court was not tasked with making a factual determination as to whether Helping Hand will ultimately be … liable for the Wedgewood defendants' actions. That determination could not be made on this sparse record, and the …