Case law

Heffelfinger v. Town of Morristown

209 N.J. Super. 380 · New Jersey Superior Court Appellate Division · May 24, 1985

The terms "society" and "association" are not clearly defined by New Jersey statutory or decisional law. … In this case, defendants clearly were fulfilling their obligations as trustees of the Morristown green when Mrs. Heffelfinger allegedly was injured. Mrs.

Jerolamon v. Fairleigh Dickinson University

199 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Mar 4, 1985

The charitable immunity statute was passed as a legislative response to the 1958 Supreme Court rejection of the charitable immunity doctrine which had been the law of this State. See Dalton v. St. … Likewise, the nineteenth count alleges an extended course of conduct by University security guards and personnel against the plaintiffs and seeks to establish liability on the basis of negligent hiring of such guards.

Barbetta Agency, Inc. v. Evening News Pub. Co.

135 N.J. Super. 214 · New Jersey Superior Court Appellate Division · Jun 27, 1975

We have long recognized the existence of a qualified privilege that confers immunity upon a public official for defamation uttered in relation to matters committed by law to his control or supervision. Coleman v. … Thus, we find no genuine issue of fact established to defeat Megaro's defense of qualified privilege. Accordingly, the summary judgment as to defendants News and Megaro is affirmed.

Ayers v. Jackson Tp.

202 N.J. Super. 106 · New Jersey Superior Court Appellate Division · Jun 4, 1985

Super. 425, 428-429 (App.Div. 1976), "the basic legislative premise is to re-establish immunity for all governmental bodies within its definition of `public entity.' … [At 942] The foregoing expressions are even more clearly apposite to this proceeding.

Gray v. St. Cecilia's School

217 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 13, 1987

. *494 It is not disputed that Gray was on the premises only to transport her son from school, that she and her son are Roman Catholic, that defendants qualify as non-profit religious and educational organizations for purposes … Cecilia's to pray on the date of the accident, or even to discuss her child's educational progress or to view a school play, her presence was clearly incident to accomplishment of a purpose of her own, to insure that her

Tonelli v. BD. OF EDUC. OF WYCKOFF

373 N.J. Super. 421 · New Jersey Superior Court Appellate Division · Dec 7, 2004

The policy establishes service, operational and facilities' charges to be imposed for use of its facilities. … The Court held that educational institutions are not required to demonstrate a level of income from charitable donations to qualify for charitable immunity. Ibid.

Fair v. County of Bergen

151 N.J. Super. 520 · New Jersey Superior Court Appellate Division · Jul 13, 1977

Any liability of a public entity established by this act is subject to any immunity of the public entity and is subject to any defenses that would be available to the public entity if it were a private person. … Div. 1976), "the basic legislative premise is to re-establish immunity for all governmental bodies within its definition of *523 `public entity.'

In re the Township of South Brunswick

448 N.J. Super. 441 · New Jersey Superior Court Appellate Division · Jul 21, 2016

Establishing Low- and Moderate-Income Limits Because the establishment of low- and moderate-income limits is the cornerstone for any fair share calculation, the next step is to estimate the proportion of those projected households … that actually qualify as low- and moderate-income households.

Pitts v. Newark Bd. of Educ.

337 N.J. Super. 331 · New Jersey Superior Court Appellate Division · Feb 23, 2001

In addition, defendant is entitled to relief from the judgment because the judge failed to charge the jury on the qualified immunity under N.J.S.A. 59:3-8. … The trial judge declined defendant's request to charge the jury on this qualified immunity, apparently concluding that the immunity did not apply. [5] Instead, the judge determined it was sufficient to simply instruct the

WHS REALTY v. Town of Morristown

323 N.J. Super. 553 · New Jersey Superior Court Appellate Division · Jul 27, 1999

First, League of Municipalities is clearly distinguishable. … qualified immunity.

Jewell v. St. Peter's Parish

10 N.J. Super. 229 · New Jersey Superior Court Appellate Division · Nov 27, 1950

In some of these the immunity accorded to eleemosynary institutions against claims of the kind in question is absolute, while in New Jersey it is qualified. … The Court of Errors and Appeals found that the qualifying benefit moving from defendant to the plaintiff was proved and held the church corporation immune from the suit.

Gallo v. Princeton University

281 N.J. Super. 134 · New Jersey Superior Court Appellate Division · Apr 7, 1995

"Privileges may be `absolute,' which means that the statements are completely immune, or `qualified.'" Ibid. … immunity.

Grodjesk v. Faghani

198 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Jan 31, 1985

That protection, in effect, is the very same qualified immunity which, under N.J.S.A. 2A:47A-1, subjects a complainant to civil liability for complaints which are false, malicious and without probable cause. … If the complainant is sued, he is protected by a qualified immunity if he has acted reasonably and in good faith.

State v. Penta

127 N.J. Super. 201 · New Jersey Superior Court Appellate Division · Feb 25, 1974

Div. 1969): * * * Defendant never "held" the office of councilman to which he was elected because he never assumed the office by qualifying for it. … is conceivable that illegal dealings, including threats and criminal activities, could be carried on with complete immunity by a person so situated, in contemplation of holding such office, and this clearly contrary to public

Del Tufo v. Township of Old Bridge

278 N.J. Super. 312 · New Jersey Superior Court Appellate Division · Jan 4, 1995

The jury's verdict in the present case establishes that when the police arrested Mr. … For this qualified immunity to apply — qualified because it may be overcome by a finding that the employee's determination was "palpably unreasonable" — there are two prerequisites.

Lodato v. EVESHAM TP.

388 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Nov 1, 2006

We need not determine here whether a shade tree commission created under N.J.S.A. 40:64-1 enjoys absolute immunity as decided by the panel in Petrocelli or whether that immunity is qualified by the reference to the TCA in … In order to qualify as public property, the area causing the danger must be owned or controlled by the public entity. See Norris, supra, 160 N.J. at 443 , 734 A. 2d 762 .

Dunlea v. Township of Belleville

349 N.J. Super. 506 · New Jersey Superior Court Appellate Division · Apr 4, 2002

To pierce section 3-3's qualified immunity, a plaintiff must prove more than ordinary negligence. See id. at 294 , 473 A. 2d 554 (stating that recklessness usually denies good faith). [ Id. at 365 , 676 A. 2d 1083 .] … Where the command or order is not only specific but clearly has no exceptions—expressed or implied—willful misconduct is not affected by the good faith of the public employee who believes he or she somehow had a right to

Citizens State Bk. of NJ v. Libertelli

215 N.J. Super. 190 · New Jersey Superior Court Appellate Division · Feb 9, 1987

In order to qualify for the absolute privilege accorded to judicial proceedings, a defamatory statement must be made in the course of the proceeding. … immunity."

Abdallah v. OCCUPATIONAL CENTER OF HUDSON CTY., INC.

351 N.J. Super. 280 · New Jersey Superior Court Appellate Division · May 30, 2002

Clearly, OCHC is not a religious organization. For the reasons we hereafter explain, it appears that it is also not an educational organization within the intendment of the statute. … We do not regard this function as exclusively educational in any traditional, usual or common-language sense although, clearly, by virtue of the nature of its function, it potentially qualifies as a charitable endeavor. [

David Timpanaro v. Jenkinson's Pavilion, Inc.

New Jersey Superior Court Appellate Division · Nov 21, 2025

the parking fee alone did not qualify as consideration, "the fact that [p]laintiffs planned to spend money at the boardwalk . . . should nonetheless establish the consideration necessary to preclude an immunity claim … (Alleged LLA Immunity) "To sustain a cause of action for negligence, a plaintiff must establish four elements: '(1) a duty of care, (2) a breach of that duty, (3) proximate cause, and (4) actual damages.'"