Case law

William James v. Rosalind Ruiz

440 N.J. Super. 45 · New Jersey Superior Court Appellate Division · Mar 25, 2015

In Nowacki, we held that it is "clearly established that medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine … Cristini, who likewise was qualified to read the CT scan and did so as well, reaching a different conclusion.

Jeffcott v. Erles

84 N.J. Super. 70 · New Jersey Superior Court Appellate Division · May 14, 1964

As stated by Chief Justice Vanderbilt in Northern N.J., 22 N.J., at p. 195 : "* * * admission to our bar is a privilege granted in the interests of the public to those who are morally fit and mentally qualified, solely for … II, par. 3 of the Constitution is clearly established by Chief Justice Vanderbilt's opinion in Northern N.J., 22 N.J., at p. 198 .

Kress v. City of Newark

9 N.J. Super. 70 · New Jersey Superior Court Appellate Division · Jul 26, 1950

From this synopsis of the testimony it clearly appears that fact questions were raised for the consideration of the jury unless the law is such as to preclude the submission of the case to the jury. … Orange Memorial Hospital, 101 N.J.L. 61 ( E. & A. 1925), it was held that a charitable institution was immune from liability to a patient arising from the negligence of its agent.

Lavin v. Hackensack Bd. of Ed.

178 N.J. Super. 221 · New Jersey Superior Court Appellate Division · Mar 9, 1981

The only conclusion to be reached, therefore, is that the six-year statute of limitation, R.S. 2:24-1, supra, clearly applies to such action and was a valid defense in this case. … N.J.S.A. 8A:29-11 is a legislatively-decreed measure of compensation for qualifying veterans, which comes into operation only after an employment contract has been entered into.

Prezlak v. Padrone

67 N.J. Super. 95 · New Jersey Superior Court Appellate Division · Mar 29, 1961

The case, however, is clearly inapplicable as a precedent to be used in construing the East Orange charter. … Earle clearly establishes that the act of the governing body of a municipality in filling a vacancy therein does not partake of the usual legislative power which is exclusively within the domain of that body, and under which

Patricia T. Conn, Etc. v. Babylin Rebustillo

445 N.J. Super. 349 · New Jersey Superior Court Appellate Division · May 4, 2016

Plaintiff acknowledges that if the report prepared by NMC qualifies as one prepared and submitted in compliance with the PSA mandatory reporting requirement, it is … The circumstances of David Conn's death clearly fall within the definition of a "serious preventable adverse event."

Wyatt by Caldwell v. Wyatt

217 N.J. Super. 580 · New Jersey Superior Court Appellate Division · May 13, 1987

It is firmly established that if a subject is so esoteric that jurors of common judgment and experience cannot form a valid conclusion, a jury may not be permitted to draw a particular conclusion without the aid of an expert … Although the record indicates that Henson was qualified to recognize brake fluid and a worn brake pad, no attempt was made to qualify him to testify concerning the significance of his observations.

In re State

453 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Mar 5, 2018

He argued N.J.S.A. 2C:4-4 to -6 clearly apply to juveniles, and DHS is the appropriate State entity to produce the independent evaluation of competency the Legislature contemplated. … s fitness to proceed, the State cannot secure an adjudication of delinquency, whether by trial or guilty plea, until his competency can be established. See State v. Purnell , 394 N.J. Super. 28 , 47, 925 A.2d 71 (App.

Cold Indian Springs Corp. v. Township of Ocean

161 N.J. Super. 586 · New Jersey Superior Court Appellate Division · Jul 10, 1978

Originally, "property tax reduction" was defined in § 6.3 as the amount of property tax reduction "attributable solely to the State aid received during the tax period from the State Aid For Schools Fund established in N.J.S … We find the alteration to have been purposeful and the tax reduction resulting from the revaluation clearly encompassed by the language of the statute.

Gareeb v. Weinstein

161 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 29, 1978

Jones the court clearly rejected the reasoning of the trial judge in the instant case, that since the defendants in the two actions were principal and agent, they were "the same basic parties" and that the single controversy … or qualified.

Weehawken Env. Committee, Inc. v. Tp. Weehawken

161 N.J. Super. 381 · New Jersey Superior Court Appellate Division · Jul 13, 1978

Kawaida Towers, Inc., supra , a project, to qualify for tax exemption, need not actually be located in a blighted area. … Such detailed procedures clearly reflect a legislative design to provide for careful, deliberate and sound municipal planning with the right of the public to be heard.

Bankston v. Housing Authority

342 N.J. Super. 465 · New Jersey Superior Court Appellate Division · Jun 28, 2001

The plain language of the Act clearly and unequivocally demonstrates that it applies only to a contractor’s employees and not, as here, to a direct employee of a public agency. … The fact that she eventually qualified for such a position and now earns union wages does not lend any support for her claim of entitlement beforehand.

Notare v. Notare

64 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Dec 28, 1960

The question is not one of the absence of a duty of reasonable care owed by the father to his child, but rather of immunity from suit thereon. … Matters of immunity must be determined, in the absence of specific legislation, on the basis of policy or, perhaps more accurately, on the weighing of competing policies.

Feriozzi Co. v. Atlantic City

266 N.J. Super. 124 · New Jersey Superior Court Appellate Division · Apr 2, 1993

The affirmative action officer denied the application for consideration as a Women Business Enterprise (WBE) which would have qualified under the Plan as a minority business. … Croson clearly creates a heavy burden upon a local government before race or ethnic based classifications can be established.

Brun v. Cardoso

390 N.J. Super. 409 · New Jersey Superior Court Appellate Division · Nov 9, 2006

That decision was clearly within her discretion. Mason v. Sportsman's Pub, 305 N.J.Super. 482, 493-95 , 702 A. 2d 1301 (App.Div. 1997) (citing Clark v. … In Nowacki , we held that it is "clearly established that medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine

TK v. Landmark West

353 N.J. Super. 353 · New Jersey Superior Court Appellate Division · Feb 9, 2001

Furthermore, "Section 8 payments clearly fall within the ambit of N.J.S.A. 2A:42-100." Franklin Tower One, L.L.C. v. N.M., 304 N.J.Super. 586, 589 , 701 A. 2d 739 (App. … . § 1437f; 24 C.F.R. § 982.307 ; see Franklin Tower One, 157 N.J. at 622 , 725 A. 2d 1104 (landlord has right to verify that a tenant is otherwise qualified); Hamilton v.

State v. Lutz

309 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Mar 16, 1998

That’s why we have here not a breathalyzer, but a state of the art Ekta machine utilized, and we have qualified scientists running these tests, from a nurse with 19 years’ experience withdrawing the blood, to a qualified … The totality of the evidence clearly established probable cause to arrest defendant for driving under the influence of alcohol.

LEWIS STEIN VS. DEPARTMENT OF LAW & PUBLIC SAFETY, NEW JERSEY RACING COMMISSION (NEW JERSEY RACING COMMISSION)

458 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Feb 6, 2019

However, in the OTAWA, the Legislature chose to establish an intra-state account wagering system, which is available only to qualifying New Jersey residents when they are physically located in this State. … If the OTAWA has an effect on interstate commerce, it is incidental and the resulting burden is not "clearly excessive" when considered in light of the benefits of establishing an AWS that is available to New Jersey residents

State v. Davis

229 N.J. Super. 66 · New Jersey Superior Court Appellate Division · Nov 28, 1988

every person is qualified to be a witness. … The judge also qualified M.S. as competent to testify.

Owens v. Kessler

272 N.J. Super. 225 · New Jersey Superior Court Appellate Division · Apr 5, 1994

Temporary transitory pain with insufficient "technical undefined trauma" do not qualify as objective medical findings. … However, we must also determine whether plaintiff established that the objective injury had a "serious impact" on plaintiff's life.