Case law

Brown v. Wildwood Volunteer Fire Co. No. 1

228 N.J. Super. 556 · New Jersey Superior Court Appellate Division · Mar 30, 1988

The repealed sections related to incorporation of volunteer fire companies and to the rights, powers, privileges, benefits, advantages and immunities of volunteer fire companies. … The statutory provisions clearly grant a volunteer fire company authority to engage in activities such as those in the present case.

In re N.J.A.C.

450 N.J. Super. 152 · New Jersey Superior Court Appellate Division · May 1, 2017

As we explained in Silver , “[b]y its plain terms,” the 2003 regulation “prescribefd] a two-prong standard to establish misconduct.” Id. at 53 , 61 A.3d 958 . … It is well-established that, when reviewing an agency’s adoption of a regulation on appeal, the scope of review is “both narrow and deferential.”

Morrone v. Thuring

334 N.J. Super. 456 · New Jersey Superior Court Appellate Division · Jul 5, 2000

Clearly, that language is broad enough to encompass both debts and judgments. … Section 514(b)(2)(A) of ERISA, 29 U.S.C. § 1144 (b)(2)(A), otherwise known as the "saving clause" or "savings clause" qualifies the statute's broad preemption.

Forbes v. Board of Trustees

312 N.J. Super. 519 · New Jersey Superior Court Appellate Division · Jun 19, 1998

Consequently, an area in which such properties predominated and which established its general character was eligible for the blight declaration. … That aim is the redevelopment of areas that qualify as blighted so as to restore or to apply them to uses which will serve the community benefit.

Moorestown Mgmt. v. MOORESTOWN BOOKSHOP

104 N.J. Super. 250 · New Jersey Superior Court Appellate Division · Jan 22, 1969

In order to qualify as a third-party donee or creditor beneficiary the applicant must prove that the contract was made and intended for him. … Here, under the by-laws which were incorporated by reference to the lease, article V provides the formula for establishing dues, and the liability of a member of an association for dues so established has generally been upheld

Savarese v. New Jersey Auto. Full Ins.

235 N.J. Super. 298 · New Jersey Superior Court Appellate Division · Jul 26, 1989

Rptr. 897 (1984) explained: `[A] statute will not be retroactively applied unless the Legislature clearly intended the law to be retroactive.... … This was clearly consistent with the JUA plan of operations adopted pursuant to N.J.S.A. 17:30E-11 concerning commissions.

Kolba v. Kusznier

252 N.J. Super. 53 · New Jersey Superior Court Appellate Division · Aug 12, 1991

The second policy implicated by this action is a well-established state goal to encourage the growth and cultivation of trees and discourage their wanton destruction. … And, I am of the opinion that sovereign *61 immunity laws would effectively protect public entities against baseless claims.

State v. Parton

251 N.J. Super. 230 · New Jersey Superior Court Appellate Division · Oct 4, 1991

We conclude that this testimony of dog tracking is admissible when a proper preliminary foundation has been established. There is no reported appellate case in New Jersey dealing with tracking by dogs. … We conclude that these contentions are clearly without merit. R. 2:11-3(e)(2). Affirmed.

Joseph J. Emmons, III, Etc. v. Elmwood Hills Healthcare Center, LLC

New Jersey Superior Court Appellate Division · Mar 20, 2026

Courts cannot "rewrite a plainly written statute or . . . presume that the Legislature meant something other than what it conveyed in its clearly expressed language." … Thus, plaintiff does not qualify as a prevailing party under the NHA and is not entitled to statutory counsel fees. C.

North Jersey Suburbanite Co., Inc. v. State

154 N.J. Super. 126 · New Jersey Superior Court Appellate Division · Oct 31, 1977

We concur in the trial judge's findings that the results of a survey testified to by a plaintiff's witness in support of an alleged delivery-readership equation did not reliably establish that proposition because neither … originally enacted as L. 1935, c. 177, § 1, was accompanied by this statement: The object of this act is to limit the selection of newspapers for official advertising to actual newspapers printed and published in the State and qualified

J.R. v. New Jersey State Parole Board

New Jersey Superior Court Appellate Division · Dec 21, 2023

He argued he is entitled to judgment as a matter of law because he is immune from liability under N.J.S.A. 59:5-2(a) and plaintiff lacked evidence he engaged in willful misconduct such that he is exonerated from the immunity … On remand, the court shall reconsider defendant's motion, conduct such additional proceedings as it deems appropriate, and "'state clearly [its] factual findings and correlate them with relevant legal conclusions, so the

Selective Builders, Inc. v. Hudson City Savings Bank

137 N.J. Super. 500 · New Jersey Superior Court Appellate Division · Dec 2, 1975

I conclude that if time was of the essence of the agreement, the conduct and the actions of Hudson were sufficient to establish a waiver of this provision. … Clearly, there is no adequate remedy at law that would fully compensate Selective for the breach of this commitment agreement.

Vitti v. Brown

359 N.J. Super. 40 · New Jersey Superior Court Appellate Division · Feb 11, 2003

It was *45 clearly contemplated that discovery would ordinarily be completed within the expanded periods allowed under the new rules. … Barbera, 328 N.J.Super. 424 , 746 A.2d 68 (App.Div.2000) (in the context of late filings, attorney *50 carelessness does not qualify as extraordinary circumstances) and Martinelli v.

Deffer v. SHOP-RITE SUPERMARKETS

332 N.J. Super. 540 · New Jersey Superior Court Appellate Division · Jul 11, 2000

Newman, was qualified to testify, but also allowed defendant to call Dr. Roschelle. Plaintiff does not appeal the court's ruling with respect to Dr. Newman. … Clearly, plaintiff's attorney's obligation is to his client.

Schundler v. Paulsen

340 N.J. Super. 319 · New Jersey Superior Court Appellate Division · May 9, 2001

Finally, Chapter 73 increases both the maximum amount that any qualified candidate may receive from the fund from $2,300,000 to $3,700,000, and the 2001 spending limit for any qualified candidate from $3,800,000 to $5,900,000 … We also discern nothing unreasonable in the classifications established by Chapter 73.

Gould v. Winokur

98 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Jan 12, 1968

Div. 1960) — where it is clear that plaintiff has not established a prima facie case, no purpose is served by prolonging his hope against hope. … Bell, supra , and, more clearly, Becker v. Eisenstodt, supra , and Sanzari v. Rosenfeld, supra .

Dept. of Env. v. Mercer Soil

425 N.J. Super. 208 · New Jersey Superior Court Appellate Division · May 19, 2009

Environmental Protection to correct conditions that render the reservoir or dam to be considered, as determined by the commissioner, unsafe or improperly maintained or to bring the reservoir or dam into compliance with standards established … Clearly, this is not a case where a number of property owners constructed a dam nearly fifty years ago and subsequently attempted to evade their duties under the Act.

Joseph Costigan v. Gurprit Bains

New Jersey Superior Court Appellate Division · Oct 29, 2025

rainwater under the conditions of freezing temperatures, provide any measurements of the slope of defendants' property, calculate the volume of water that could have exited the drain, or offer scientific support from a qualified … Div. 2006) (holding residential landowners remain protected by common-law public sidewalk immunity).

Rene v. Phillips

94 N.J. Super. 102 · New Jersey Superior Court Appellate Division · Feb 24, 1967

(at pp. 194r-195) And further: “[W]e cannot find either in section 14 or elsewhere in the act an intent to qualify the unconditional remedies clearly granted the Board by the act against an application for payment of a default … A. 39 :6-74 is for the purpose of permitting the Board to participate through counsel in order to assure that only where the liability of defendant has been established shall a claim against the Board be allowed, and then

State v. Winne

21 N.J. Super. 180 · New Jersey Superior Court Appellate Division · Aug 18, 1952

Thus, it has made it immune from civil litigation. … he is likewise immune, for the sake of the free exercise of his discretion.