Case law

Matter of Scioscia

216 N.J. Super. 644 · New Jersey Superior Court Appellate Division · Mar 23, 1987

Appellants' brief raises nine points, many of which are clearly lacking in merit or overlap with other points. … Thus, the court noted that "[t]he Act itself provides no standards establishing the grounds for debarring corporate officers." 102 N.J. at 17 .

Croswell v. Shenouda

275 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 6, 1994

DOES PLAINTIFF'S PRIOR TERMINATED PREGNANCY OF WHICH DEFENDANT ADMITS PATERNITY QUALIFY HER AS HAVING A CHILD IN COMMON WITH DEFENDANT? … Clearly this is not an amendment which is being proposed in order to clarify an existing ambiguity or elucidate what is already the law.

State v. Goodmann

390 N.J. Super. 259 · New Jersey Superior Court Appellate Division · Feb 2, 2007

We have held in the context of the immunities afforded to merchants pursuant to the shoplifting statute that the statute’s exclusive concern is with “preventing the loss of merchandise without full payment — the protection … Penal statutes “are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligently described in the very words of the statute, as well as manifestly

Brody v. City of Millville

114 N.J. Super. 94 · New Jersey Superior Court Appellate Division · Mar 3, 1971

As part of the war effort the Federal Government established within the corporate limits of Millville a military airport as a staging area for military aircraft. … Justice Haneman said that "(t)he test to be applied to a *100 land use in order to ascertain whether it qualifies for an immunity from local zoning regulations is whether it is reasonably accessorial or incidental to the

State v. Brown

325 N.J. Super. 447 · New Jersey Superior Court Appellate Division · Nov 10, 1999

While that establishes that defendant was armed, State v. Merritt, 247 N.J.Super. 425, 429-30 , 589 A.2d 648 (App. … He concedes that he "clearly qualified for extended term treatment in light of his prior convictions." The pre-sentence report describes him as a "27 year old career criminal ...

Furey v. County of Ocean

273 N.J. Super. 300 · New Jersey Superior Court Appellate Division · May 20, 1994

Rich opined that the drop-off would have been clearly visible to anybody looking for it, such as someone involved in the construction or maintenance of the road. … We conclude that the evidence presented by the plaintiff did establish a cause of action.

Baptista v. Saint Barnabas Medical Center

109 N.J. Super. 217 · New Jersey Superior Court Appellate Division · Mar 13, 1970

Firstly, there was clearly presented a jury issue on whether the blood transfused into the decedent was incompatible. The fact that Dr. … However, the hypothesized facts were not conclusively established by the evidence. Dr.

Esposito v. Esposito

158 N.J. Super. 285 · New Jersey Superior Court Appellate Division · Mar 20, 1978

It is also significant that in answers to interrogatories, defendant admitted ownership of all the stock of the corporation except for two qualifying shares allocated to his wife and father. … We are satisfied that this conclusion is contrary to the weight of the evidence and that it clearly and convincingly appears to be a miscarriage of justice.

Jill Mayer v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Oct 24, 2024

The records provided establish that [] Mayer has pre-planned her return to public employment by engaging in the judicial nomination process during the months of October, November … Although she clearly planned and took steps towards attaining a judgeship prior to her retirement, those were unilateral actions.

In Re Rawls

197 N.J. Super. 78 · New Jersey Superior Court Appellate Division · Jul 11, 1984

Therefore, the court [1] , sua sponte, ordered both the special policeman and the security company to show cause why they should not be restrained from such activity without said employee qualifying under the Private Detective … The regulatory provisions of N.J.A.C. 13:55-1.8 precluding a police officer from becoming or acting as a qualifying member, officer, or director of a private detective agency, do not prohibit the officer from becoming or

State v. Phelps

187 N.J. Super. 364 · New Jersey Superior Court Appellate Division · Jan 6, 1983

Whether or not the conspiracy has been established by sufficient, independent evidence, Glasser v. … This exception is clearly pecuniary in nature.

Borough of Franklin Lakes v. Mutzberg

226 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Jun 24, 1988

In order for the subject property to qualify for a Farmland Assessment, an applicant must establish the following on or before August 1 of the pre-tax year: ownership of at least five acres of land which had been devoted … The record before the trial judge, and before us, establishes that Mutzberg’s mother qualified as a senior citizen because *59 she was over age 65 when she applied for the deduction and otherwise fulfilled the requirements

Bodnarchuk v. Board of Review

309 N.J. Super. 399 · New Jersey Superior Court Appellate Division · Apr 1, 1998

The Board's additional determination that plaintiff did not establish the base year pursuant to N.J.S.A. 43:21-19(c)(1) is not relevant to this proceeding. … Plaintiff never contended that he qualified under that provision of the statute.

Bd. of Ed., Passaic v. BD. OF ED. OF WAYNE

120 N.J. Super. 155 · New Jersey Superior Court Appellate Division · Jul 6, 1972

Peoples Bank and Trust Co. of Westfield, 17 N.J. 67, 74 (1954), summary judgment may be rendered when the pleadings, depositions and admissions on file, together with affidavits submitted on the motion, show clearly that … seq. does not apply to all of the children at the shelter, this court is of the opinion that no part of the educational program conducted at the shelter can fall within the statute merely because some of the pupils would qualify

James F. Walters v. Ymca

437 N.J. Super. 111 · New Jersey Superior Court Appellate Division · Aug 18, 2014

Applying the Gershon factors, we emphasize "that business establishments in New Jersey have well-established duties of care to patrons that come upon their … As we have already noted, business establishments in New Jersey have well-established duties of care to patrons that come upon their premises.

A.M. VS. MONMOUTH COUNTY BOARD OF SOCIAL SERVICES (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Mar 11, 2021

Nevertheless, if our review of the record shows that the agency's finding is clearly mistaken, the decision is not entitled to judicial deference. … The applicant bears the burden of establishing entitlement to the exemption.

State v. DeLane

207 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Jan 27, 1986

Such a volunteered statement, not made in response to custodial interrogation, is immune from exclusion under Miranda and its progeny. … Sugar , 100 N.J. at 237 The court, therefore, established "a restrictive formulation of the inevitable discovery exception to the exclusionary rule ...

Cavanagh v. Morris County Democratic Committee

121 N.J. Super. 430 · New Jersey Superior Court Appellate Division · Dec 1, 1972

Any special committee established by defendant must be considered a part of tile Democratic Committee. … A. 19:34-52 clearly prohibits such activity. *437 This statute cannot bo given any other meaning. In interpreting statutory words, they are to be given their common usage. Ford Motor Co. v. N. J.

McCANNA v. SILLS

103 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Nov 8, 1968

However, it would appear that the number of such schools in New Jersey is minimal, and it follows that the number of such children not qualifying for transportation benefits is inconsequential. … an improper legislative intent within the comprehension of the First Amendment would be clearly erroneous.

Bosland v. Warnock Dodge, Inc.

396 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Oct 18, 2007

a potential violation of any clearly established legal right. … Those allegations are therefore sufficient to establish a potential violation of the TCCWNA because a consumer contract that violates a clearly established legal right under the CFA regulations is also a violation of the