Case law

State v. Rypkema

191 N.J. Super. 388 · New Jersey Superior Court Appellate Division · Aug 31, 1983

Such an assertion extends the prescriptions espoused in Schmerber *392 well beyond that which was intended, and is clearly without merit. … That is, without some scintilla of evidence that could place the chemical integrity of the blood sample in doubt, [1] proof that such sample was obtained in a hospital and by qualified medical personnel will suffice to establish

Haack v. Ranieri

83 N.J. Super. 526 · New Jersey Superior Court Appellate Division · Apr 20, 1964

never qualified. … The court stated the purpose of R.S. 40:87-9 as follows: "* * * The object and policy of the statute are clearly to guard against actual vacancies in the councilmanic body and a construction is required that will effectuate

Hunterdon Med. Center v. Readington

391 N.J. Super. 434 · New Jersey Superior Court Appellate Division · Mar 28, 2007

We consider HMC's arguments in the context of several well established principles. … The record clearly demonstrates that the operation and mission of hospitals has evolved beyond the 24-hour continuous acute care facility that served as the basis for the reasonably necessary standard.

SUZANNE VENEZIA VS. UNION COUNTY PROSECUTOR'S OFFICE, (L-1786-12, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 11, 2017

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" … The Court, concluding that an officer applying for a warrant is entitled to assert qualified but not absolute immunity, observed that the defense of qualified immunity: provides ample

In Re Estate of Comly

90 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Mar 1, 1966

In this case testatrix clearly intended that the trust could be used to benefit their children during their youth, with final distribution postponed until they reached age 35. … If any adult that Captain Comly chose to adopt qualified as a "child" under the will of Mary Comly, then, in effect, Captain Comly would have a power of appointment over the property and could lessen the shares of his natural

Hawksby v. Depietro

319 N.J. Super. 89 · New Jersey Superior Court Appellate Division · Mar 9, 1999

. *91 The record does not clearly establish whether the tumor was removed surgically. We are unaware of the prognosis. In January 1995, Hawksby filed a workers’ compensation petition against the New York Times. … In this vein, the language in section 8 immunizing co-employees leaves little room for maneuver.

NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION v. PHILIP D. MURPHY, ETC. NEW JERSEY SUPERIOR OFFICERS LAW ENFORCEMENT ASSOCIATION v. PHILIP D. MURPHY, ETC. (EXECUTIVE ORDER NO. 283) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Feb 11, 2022

Moreover, the contention that infection-induced immunity is a preferred approach toward herd immunity does not take into consideration – indeed it may not be known – the long-term problems caused by infection. … Well-established principles require that a party seeking a stay pending appeal must, as a general matter, establish: a reasonable probability of success on the merits; a balancing of the equities and hardships favors relief

Leach v. Anderl

218 N.J. Super. 18 · New Jersey Superior Court Appellate Division · May 28, 1987

These conceptual gymnastics can be avoided by the analytically sound view that ownership is itself a bundle of rights, privileges, powers and immunities, and that what a conveyor means by either reserving or excepting an … Here, the use appears not only to have been permissive, but it was also clearly non-exclusive.

Il v. Nj Dept. of Human Services

389 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Jul 25, 2006

The record clearly establishes that I.L.' … However there is a long established principle in law that prevents I.L. from establishing the eligibility necessary to allow Absecon to bill for its services.

Mandelbaum v. Weiss

11 N.J. Super. 27 · New Jersey Superior Court Appellate Division · Dec 20, 1950

This rule was established in the case of Hunt v. … He must not only have property absolute or qualified, and the right of possession at the time of the commencement of the action, but he must have the exclusive right *31 of possession.

Garden Howe Urban Renewal Associates, L.L.C. v. Hacbmarchitects Engineers Planners, L.L.C. and Del-Sano Contracting Corp.

439 N.J. Super. 446 · New Jersey Superior Court Appellate Division · Feb 26, 2015

PCA report; 9 A-1144-13T2 (2) the trial court erred by refusing to extend the time for discovery because plaintiff established … The trial court's decision may not be reversed unless "clearly shown to be erroneous as a matter of law." State v. Campisi, 42 N.J. Super. 138, 147 (App. Div. 1956) (citing Rempfer v.

Wood v. Borough of Wildwood Crest

319 N.J. Super. 650 · New Jersey Superior Court Appellate Division · Apr 1, 1999

qualify for medical benefits under N.J.S.A. 40A: 10-23 as it read prior to a 1995 amendment to the statute), aff'd o.b., 152 N.J. 40 , 702 A. 2d 1284 (1997). … virtue of his twenty-two and one-half years of actual service with the Borough, and his payment into the Police and Fireman's Retirement System of the amount required to purchase two and one-half years of "service credit" to establish

Ricardo M. Melendez v. Anthony P. Rotondo

New Jersey Superior Court Appellate Division · Mar 6, 2024

To pierce [N.J.S.A. 59:]3-3's qualified immunity, a plaintiff must prove more than ordinary negligence. … "Summary judgment under [N.J.S.A. 59:3- 3], however, is appropriate if public employees can establish that their acts were objectively reasonable or that they performed them with subjective good faith. " Ibid.

State v. Hudes

128 N.J. Super. 589 · New Jersey Superior Court Appellate Division · May 16, 1974

Johnson, 42 N.J. 146 (1964): It is, of course, most essential, in view of the heavy impact the result can have, that proper administration of the test be clearly established before the reading is admitted in evidence. … IV Independent Evidence Establishes the Impaired Ability of the Driver.

Matter of Registrant Ea

285 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Dec 1, 1995

Given such evidence, we *565 are clearly satisfied the two mile radius for notification of schools and operating licensed day care centers establishes a scope of notification that is fair and consistent with the RCNL and … Instead, we suggest the Attorney General establish a procedure for publication of *566 notice to the public in the affected community of organizations which register as qualified for notification, with a waiting period to

Filgueiras v. Newark Pub. Schools

426 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Jun 18, 2012

To establish a § 1983 claim, "the first task ... is to identify the state actor, `the person acting under color of law,' that has caused the alleged deprivation." Rivkin v. Dover Twp. … In sum, the evidence in this case viewed in a light most favorable to plaintiff, failed to establish a claim of substantive due process violations cognizable under the CRA.

Gustavson v. Gaynor

206 N.J. Super. 540 · New Jersey Superior Court Appellate Division · Dec 16, 1985

While there can be no rigid standard for categorizing the various maneuvers which might be classified as erratic operation of a motor vehicle in order to qualify as the necessary supplementary evidence, the controlling consideration … In this manner, the inflammatory potential of the fact of drinking or his illegal presence in an establishment where liquor was served would have been eliminated while the narrative continuity was preserved.

Kahn Pension Plan v. Moorestown Tp.

243 N.J. Super. 328 · New Jersey Superior Court Appellate Division · Jan 30, 1990

The immunity thus conferred has been construed to apply only to discretionary and not to ministerial acts. Tontodonati v. Paterson, 229 N.J. Super. 475, 482 , 551 A. 2d 1046 (App.Div. 1989). … Clearly, given the nature of this transaction and the amount of money involved, the potential existence of a super lien constituted a material fact.

Nichols v. Board of Education

65 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Jan 10, 1961

The position has not been re-established. … Nichols never held such a qualifying certificate.

Perrine v. Applegate

14 N.J. Eq. 531 · New Jersey Superior Court Appellate Division · Feb 15, 1862

A somewhat similar rule prevails in Chancery upon bills filed to establish wills. … He was therefore better qualified to speak of his mental condition and capacity at the execution of the will than any other witness.