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On a motion to dismiss, the Court’s function is not to weigh the evidence but only to determine whether plaintiff’s proofs, together with all favorable inferences permissible therefrom, could sustain a judgment in plaintiff’s favor
29 Aug 2012, 7:47 am by PaulKostro
Pecorino, 69 N.J. 1, 3 (1975); Dolson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for a new trial
28 Mar 2011, 7:20 am by PaulKostro
” See also Dolson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motions seeking dismissal or judgment must be denied if the evidence and all legitimate inferences that may be deduced from it could sustain a judgment in favor of the opposing party
8 Jun 2011, 11:05 am by PaulKostro
Ricca, 179 N.J. 1, 30 (2004); Dolson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A dismissal is proper when no rational factfinder could conclude from the evidence that an essential element of the plaintiff’s case is present
28 Aug 2012, 9:40 am by PaulKostro
Div. l997) (citing Dolson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the proof of a particular fact is so meager or so fraught with doubt that a reasonably intelligent mind could come to no conclusion but that the fact did not exist, the court may grant a motion to dismiss without further presentation of evidence
6 Feb 2012, 11:00 am by PaulKostro
Borden, Inc., 148 N.J. 396, 415 (1997); Dolson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has the discretion to require a plaintiff seeking default judgment to prove liability at a hearing
19 Apr 2011, 10:09 am by PaulKostro
Dolson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
14 Oct 2024, 4:55 am by Eric S. Solotoff
” Dolson v. [read post]
NJ Family Legal Blog - http://njfamilylaw.foxrothschild.com/