Case law

Greene v. Memorial Hospital

304 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Oct 8, 1997

While the trial court ultimately struck the witness’s answer because it was not phrased in terms of medical “certainty,” the judge clearly erred in that respect. … Although Phillips later qualified his answer to some degree when cross examined, the question propounded by counsel causing him to so respond was so prolix as to be incapable of yielding a reliable reply.

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.

Pote v. City of Atlantic City

411 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Jan 19, 2010

Regardless of the nomenclature used, however, the court concluded that the boardwalk was "clearly a public thoroughfare that is owned, maintained and controlled by the City of Atlantic City." … the facility that was known by the commercial establishment.

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.

Dobron v. Board of Trustees

271 N.J. Super. 506 · New Jersey Superior Court Appellate Division · Mar 17, 1994

Clearly Dobron, who had not reached age fifty-five, was not entitled to a pension pursuant N.J.S.A. 43:16A-5. … This is clearly distinguishable from the facts relating to Dobron.

Pasterchick v. Insurance Co. of No. America

150 N.J. Super. 90 · New Jersey Superior Court Appellate Division · May 17, 1977

that the motor vehicle was at the time said accident occurred, in the possession of some person other than the owner without the owner's consent and that the identity of such person cannot be ascertained, any qualified person … Clearly, any attempt by an insurance company to dilute or diminish statutory provisions applicable to its contract of insurance is contrary to public policy, and a provision of the policy thus offensive will, as a matter

Mazur v. Selected Risks Ins. Co.

233 N.J. Super. 219 · New Jersey Superior Court Appellate Division · May 16, 1989

The conceptual basis in Regino thus clearly rested upon the premise that once the binder was verbally communicated by a person authorized to do so, the company was committed and on notice of its obligation. … Moreover, a rule favoring such a blanket indemnification would effectively immunize an agent from damages despite his negligence. While "damages are generally intended to compensate rather than punish," Berg v.

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

Schroder v. Kiss

74 N.J. Super. 229 · New Jersey Superior Court Appellate Division · May 15, 1962

It also clearly had the power and the duty to delete the name of anyone not "willing to accept employment." N.J.S.A. 11:22-16 and 11:27-4. … The record clearly establishes that the position no longer exists, either in law or in fact.

JESSE DENKINS VS. STATE OPERATED SCHOOL DISTRICT OF THE CITY OF CAMDEN (L-0221-17, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 27, 2019

to qualified immunity on the federal claims, 1 then declined to exercise supplemental jurisdiction over the remaining state and common law claims. … at issue was 'clearly established' at the time of defendant's alleged misconduct."

DCPP VS. A.S.K. AND T.T. AND E.M.C. IN THE MATTER OF THE GUARDIANSHIP OF N.D.K., A.E.C. AND E.S.K.(FG-07-197-15, ESSEX COUNTY AND STATEWIDE)

457 N.J. Super. 304 · New Jersey Superior Court Appellate Division · May 23, 2017

Singer was qualified as an expert in psychology and bonding. He conducted a bonding evaluation between Maisie and all three children. … And I find the Division has established that clearly and convincingly. . . . .

In re Tavalario

386 N.J. Super. 435 · New Jersey Superior Court Appellate Division · Jun 27, 2006

The record establishes that Tavalario purchased the 7.37-acre property in question, located in Washington Township, Gloucester County, in December 1995. … the SADC’s position is that the following can be used to satisfy the production requirements in the definition of commercial farm. • Income from sales of horses that have been bred on the farm, as breeding of livestock is clearly

In re K.L.F.

275 N.J. Super. 507 · New Jersey Superior Court Appellate Division · May 3, 1993

Where the Legislature has clearly spoken, the court may not ignore the Legislature’s intent and must give full force and effect to it. … The court’s threshold concern here is the meaning which attaches to the phrase “any party”; that is, whether the qualifying word “any” has been interjected merely so as to reflect the inclusion of all parties irrespective

In the Matter of State of New Jersey and Council of New Jersey State College Locals, Aft

New Jersey Superior Court Appellate Division · Apr 17, 2026

Management to develop policies regarding enrollment and registration and has implemented policies ranging from how the Office of the Registrar receives forms to students' compliance with immunization … PERC's approach to determining whether a non-State public employee qualifies as a managerial executive to preclude union membership is far from novel as the State seeks to convince us.

State v. Hurd

173 N.J. Super. 333 · New Jersey Superior Court Appellate Division · Apr 2, 1980

Spiegel's office, whereas the transcript clearly establishes several such occasions. Dr. Lowell further noted Mrs. Sell's testimony that she remembered telling Dr. … Spiegel is a well qualified and highly respected psychiatrist trained in the use of hypnosis.

LEMONT LOVE VS. MIDDLESEX COUNTY PROSECUTOR'S OFFICE (L-1551-16, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 12, 2020

A-2089-18T3 7  Love argues the trial court erred by granting respondents' motion to dismiss based on prosecutorial immunity, qualified immunity, and late notice of tort claim … , and qualified immunity.

State v. Griffith

336 N.J. Super. 514 · New Jersey Superior Court Appellate Division · Feb 1, 2001

The significant issue is whether the other qualifying NERA element—that the offense be a "violent crime"—has also been satisfied. … Burford, supra, 163 N.J. at 18 , 746 A. 2d 998 , the Court noted that "deadly weapons" clearly include firearms and other "objects that, by their nature, have no apparent use or purpose other than the infliction of death

Soricelli v. BOARD OF REVIEW, & C.

46 N.J. Super. 299 · New Jersey Superior Court Appellate Division · Sep 20, 1957

Our examination of the hearing records clearly discloses that the Board's findings were supported by competent and more than substantial evidence. IV. … of the citizens of this state requires the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed after qualifying

AMS EX REL. ADS v. Board

409 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Aug 6, 2009

could not establish domicile because he lacked a physical presence at the condo. … Clearly, these are circumstances that might ordinarily have shifted A.D.S.'

In re Horst Oertel, C.P.

167 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Apr 24, 1979

Clearly, then, if the delegation to the ABC is reasonable, the standard of ABC certification is, as a matter of logical necessity, also reasonable. … A qualified speech therapist is one certified or certifiable by the American Speech and Hearing Association and a qualified occupational therapist is one registered or registerable by the American Occupational Therapy Association