Cited by
Opinions in New Hampshire that cite Cook v. Sullivan, 829 A.2d 1059.
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In the Matter of Elizabeth Reid and Bradley Reid; In re Guardianship of C.R.
N.H. 2025
t that he may be physically or mentally incapacitated, we note that “[i]t is within the province of the trial court to accept or reject, in whole or in part, whatever evidence was presented,” and “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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Michael Sklader & a. v. Richard Callahan
N.H. 2025
“The propriety of affording equitable relief in a particular case rests in the sound discretion of the trial court to be exercised according to the circumstances and exigencies of the case.” Cook v. Sullivan, 149 N.H. 774, 782 (2003).
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John Hermens & a. v. Textiles Coated Incorporated d/b/a Textiles Coated International
N.H. 2025
Whether a claim is barred by res judicata is determined on a case-by-case basis.
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Lois Stearns & a. v. Town of Gorham & a.
N.H. 2025
Cook v. Sullivan, 149 N.H. 774, 780-81 (2003) (describing plaintiff’s burden of proof in private nuisance action).
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M.B. v. P.G.
N.H. 2024
The trial court may accept or reject, in whole or in part, whatever evidence was presented; our standard of review is not whether we would have ruled differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.
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Chase Cutts Brigham Neighborhood Association, Inc. & a. v. City of Portsmouth
N.H. 2024
Cook v. Sullivan, 149 N.H. 774, 777 (2003) (application of res judicata is “determined on a case-by-case basis”).
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Li Wei Lin v. Idalmy Castro
N.H. 2024
We defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence, Cook v. Sullivan, 149 N.H. 774, 780 (2003), and we will uphold the findings and rulings of the trial court unless they lack evidential support or are legally erroneous.
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C.W. v. J.G.
N.H. 2024
We will affirm the trial court’s findings if a reasonable person could have made them based upon the evidence presented.
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L.A. v. Z.A.
N.H. 2024
We will affirm the trial court’s findings if a reasonable person could have made such findings based upon the evidence presented.
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In the Matter of Sushmita Anand and Anand Venkataramiah
N.H. 2023
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Bryanna Breed and Kevin Breed
N.H. 2023
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Kelly Goodwin and Adam Goodwin
N.H. 2023
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Stacey Spewock and Scott Spewock
N.H. 2022
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Theresa Rubin and James Rubin
N.H. 2022
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Michelle McKinnon and James McKinnon
N.H. 2022
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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State of New Hampshire v. Bryan Erickson
N.H. 2021
“‘Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.’” In the Matter of Braunstein & Braunstein, 173 N.H. 38, 47 (2020) (quoting Cook v. Sullivan, 149 N.H. 774, 780 (2003)).
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In the Matter of Jessica Buckley and Regan Buckley
N.H. 2021
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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Arthur Cutter, Sr. & a. v. John Guiheen & a.
N.H. 2021
We will uphold the trial’s findings and rulings unless they are unsupported by the evidence or legally erroneous.
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In the Matter of Melissa McCauley and Richard McCauley
N.H. 2021
Moreover, “[i]t is within the province of the trial court to accept or reject, in whole or in part, whatever evidence was presented,” and “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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Lauren Shearer v. Ronald Raymond & a.
N.H. 2021
It is within the province of the trial court to accept or reject, in whole or in part, whatever evidence was presented.
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David Neal v. Anthony Bertino
N.H. 2020
ease.” He testified, “I gave [the tenant] one set of keys and that’s what was on the counter,” and that he did not know if the tenant had “made multiple sets of keys.” Although there was conflicting evidence, we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.
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David A. Hodges, Jr. & a. v. Alan Johnson & a.
N.H. 2020
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Andrew Cullen and Jacqueline Cullen
N.H. 2020
ng time; however, the court agreed with the psychologist appointed at the GAL’s request that reducing the child’s time with the mother would not be in the child’s best interest because it would risk “undermining [the child’s] development and exacerbating [the child’s] distress.” We defer to the trial court to resolve conflicts in the testimony and determine the weight to be given to the evidence.
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Seacoast Helicopters, LLC v. Kevin Beaulieu
N.H. 2020
We defer to a trial court’s judgment on such issues as resolving conflicts in testimony, measuring the credibility of witnesses, and determining the weight to be given to testimony.
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Riverbend Condo Association v. Groundhog Landscaping and Property Maintenance, Inc.
N.H. 2020
Under res judicata, a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.
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In the Matter of Cindy DePalo and Joseph DePalo
N.H. 2020
Res judicata has been established “to avoid repetitive litigation so that at some point litigation over a particular controversy must come to an end.” Cook v. Sullivan, 149 N.H. 774, 777 (2003) (quotation omitted).
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Andrea Henel v. Dillon Guyer d/b/a Guyer Travel International
N.H. 2020
We uphold the trial court’s findings and rulings unless they are unsupported by the evidence or legally erroneous.
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In the Matter of Sean Braunstein and Jericka Braunstein
N.H. 2020
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Jennifer Faherty and Kevin Faherty
N.H. 2020
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Allen McKenzie and Jodi McKenzie
N.H. 2019
We conclude that the trial court’s finding regarding the wife’s gross income could reasonably have been made based upon the evidence presented.
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In the Matter of Brian Balch and Karen Balch
N.H. 2019
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Jeremiah Comeford and Breanna Comeford
N.H. 2019
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Daniela Gamboa Soriano and Benjamin Ross
N.H. 2019
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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Chester Rogers v. James Confalone
N.H. 2019
al. The court observed that the defendant “is unhappy with the appraised value of the property and does not want to pay the plaintiff’s invoice for services.” The court ruled in favor of the plaintiff, concluding that he “is now entitled to be paid for his services.” We will uphold the trial court’s findings and rulings unless they are not supported by the evidence or are legally erroneous.
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In the Matter of Steven Summers and Christine Summers
N.H. 2019
“Our standard of review is not whether we would rule differently than the trial court, but whether a reasonable person could have reached the same decision as the trial court based upon the same evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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In the Matter of Thomas Gelinas and Karin Gelinas
N.H. 2019
Cook v. Sullivan, 149 N.H. 774, 780 (2003) (citations omitted).
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In re Silva
210 A.3d 887
N.H. 2019
It can apply to decisions of administrative bodies made in an adjudicative context.
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Appeal of Steven Silva
N.H. 2019
It can apply to decisions of administrative bodies made in an adjudicative context.
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Lowell Catholic High School v. Criteria II, Ltd.
N.H. 2019
We will uphold the trial court’s decision unless it is unsupported by the evidence or erroneous as a matter of law, deferring to the trial court’s judgment in evaluating the weight and credibility of the evidence presented at trial.
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Mark Keenan v. Karen Tuthill & a.
N.H. 2018
It is well-established that a trial court may grant injunctive relief to abate a nuisance, see, e.g., Cook v. Sullivan, 149 N.H. 774, 782 (2003), or to enforce property rights, see, e.g., Traficante v. Pope, 115 N.H. 356, 359 (1975).
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Peter D. Harback & a. v. Neil Manning & a.
N.H. 2018
We defer to the trial court on such issues as resolving conflicts in testimony and measuring the credibility of witnesses, including expert witnesses.
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Loon Valley Homeowner's Association v. Lewis G. Pollock & a.
189 A.3d 888
N.H. 2018
It is within the province of the trial court to accept or reject, in whole or in part, whatever evidence was presented.
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Scott Eaton v. Carin Hallum White & a.
N.H. 2018
We will affirm the trial court’s findings if a reasonable person could have made such findings based upon the evidence presented.
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Robert L. Benjamin v. Vatche Manoukian & a.
N.H. 2018
With respect to the remaining issues, we note that it was within the discretion of the trial court to accept or reject, in whole or in part, the evidence presented, to evaluate the credibility of the parties, and to determine the weight of the evidence presented.
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Barbara Reed v. New Hampshire Department of Health and Human Services
N.H. 2018
Cook v. Sullivan, 149 N.H. 774, 780 (2003) (stating trial court is free to accept or reject, in whole or in part, whatever evidence was presented, including that of expert witnesses).
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Mary Wright v. Mask Construction, LLC; Mary Wright & a. v. Hubert Clifford Mask, III & a
N.H. 2017
We defer to a trial court’s judgment on such issues as resolving conflicts in testimony, measuring the credibility of witnesses, and determining the weight to be given to testimony.
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In the Matter of Christopher Lawton and Christi Lawton
N.H. 2017
Moreover, “we defer to the trial court’s judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence.” Cook v. Sullivan, 149 N.H. 774, 780 (2003).
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Christopher Ouellette v. Chuck Smith's Auto, LLC
N.H. 2017
Cook v. Sullivan, 149 N.H. 774, 780 (2003) (stating trial court free to accept or reject, in whole or in part, whatever evidence was submitted, including testimony of expert witnesses).
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Robert V. Cavanagh & a. v. Charles Beaulieu & a.
N.H. 2017
Whether a claim is barred by res judicata is determined on a case-by-case basis.
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Petition of Assets Recovery Center, LLC d/b/a Assets Recovery Center of Florida & a.
N.H. 2017
Cook v. Sullivan, 149 N.H. 774, 777 (2003) (stating that res judicata may apply “to a decision of an administrative agency which was rendered in a judicial capacity, resolved disputed issues properly before it and which the parties had an opportunity to litigate”).