Case law

Molino v. BF Goodrich Co.

261 N.J. Super. 85 · New Jersey Superior Court Appellate Division · Dec 18, 1992

We held that this decision constituted an abuse of discretion, as the expert was clearly qualified as an expert about the materials used in TEC 21F. … Forney's extensive background in tire analysis qualified him to testify regarding the need for an adequate warning.

Pagano v. Zoning Bd. of Adjustment

257 N.J. Super. 382 · New Jersey Superior Court Appellate Division · May 1, 1992

However, a full review of his testimony demonstrates sufficient breadth of experience and depth of knowledge to have qualified him as an expert which the Board impliedly, if not expressly, acknowledged. … Super. 445, 452 , 288 A. 2d 308 (Ch.Div. 1972). [8] In the present case, the applicants did not attempt to establish that the pistol range qualified as an inherently beneficial use, a position that would have necessitated

In Re Cohen

23 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Nov 12, 1952

This latter action was defended by Frank, principally on the theory that he was immune from service of process while in Florida on the criminal charge and a fraud was perpetrated on the Florida court when judgment *221 was … Assuming, arguendo, that the Slauson case is authority for the admissibility of testimony as to motive or animus, it is clearly contrary to the weight of authority throughout the United States, as hereinabove set forth.

GRAF v. Folarno

99 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Feb 8, 1968

The purpose of the examination was to establish that the doctor's interests were deeply involved in time-consuming activities in other fields, which affected his credibility in his assertions concerning the time and thought … Appellate courts are denied the privilege of disturbing the order of the trial court unless it clearly and unequivocally appears that there was effected thereby a manifest denial of justice under the law. Kulbacki v.

State v. Ehrenberg

284 N.J. Super. 309 · New Jersey Superior Court Appellate Division · Apr 19, 1994

Even if such a determination established the defendant's competency to stand trial, additional issues would remain to be resolved. … one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. [ 42 U.S.C.A. § 12102 (2)] Subject to the provisions of this [title], no qualified

WILLIAM J. BRENNAN VS. COUNTY OF BERGEN (L-7403-16, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 20, 2021

"To qualify as expressive conduct protected by the First Amendment, the actor must have '[a]n intent to convey a particularized message . . . and in the surrounding circumstances the likelihood [must be] great that the … The record does not clearly establish the length of the delay. On the video, it appears that plaintiff waited approximately seven minutes while Giblin checked to see if the building was a polling place.

Hughes v. Hughes

311 N.J. Super. 15 · New Jersey Superior Court Appellate Division · Apr 29, 1998

A qualified accountant or tax attorney could provide the proper vehicle for accomplishing this result. IF. … Landwehr, 111 N.J. 491, 504 , 545 A.2d 738 (1988), a party seeking exclusion of an asset has the burden of establishing its immunity from equitable distribution.

A.C. v. R.S.

New Jersey Superior Court Appellate Division · Dec 1, 2025

Officers then met with plaintiff, and she requested a domestic violence restraining order, but she did not qualify for one. Defendant left after officers spoke with her. … At the outset, we reiterate the Legislature clearly intended VASPA to include individuals who are victims of the offenses enumerated in the statute but could not be protected by the PDVA.

State v. Williams

239 N.J. Super. 620 · New Jersey Superior Court Appellate Division · Mar 23, 1990

He did state that he was not in a police vehicle when he observed the money exchanged, and conceded on cross-examination that he could not see everything clearly. … The Court of Appeals disagreed, *629 noting that "policy justifications analogous to those underlying the well-established informer's privilege support a qualified privilege protecting police surveillance locations from disclosure

Dinter v. Sears, Roebuck & Co.

252 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Nov 14, 1991

There was no attempt by plaintiffs' attorney to establish the criteria referred to in Lieberman . … We reasoned in Pavin that a statement taken ten days after the accident, before any litigation began or any claim was filed, was clearly outside the scope of the privilege. Id. at 263 , 494 A. 2d 834 .

Christine Avelino-Catabran v. Joseph A. Catabran

445 N.J. Super. 574 · New Jersey Superior Court Appellate Division · Jun 16, 2016

The court stated: Defendant has submitted a well thought out, and clearly articulated plan for determining child support. … "In general, financially capable parents should contribute to the higher education of children who are qualified students." Id. at 544.

TP. OF SPRINGFIELD v. Union Cty. Park Comm.

163 N.J. Super. 332 · New Jersey Superior Court Appellate Division · Oct 11, 1978

property shall become tax exempt as of the date of acquisition. [ L. 1971, c. 370, § 2] Defendant Commission contends that the above statutes are not applicable, that it is not liable for taxes under the same and that it is immune … Thus, it is clear that such conflicts in powers, functions and internal operations clearly demonstrate that it was not the intention of the Legislature to include the Union County Park Commission within the definition of

In Re Wene

26 N.J. Super. 363 · New Jersey Superior Court Appellate Division · May 29, 1953

Elections should never be held void unless they are clearly illegal. No fraud is charged in the instant case. … Schlemm, supra (at p. 436), `* * * Mere suspicion does not establish the legality of the election of the petitioner or the defeat of the incumbent.'"

In re Hudson County Probation Department

178 N.J. Super. 362 · New Jersey Superior Court Appellate Division · Mar 20, 1981

The Secretary of HEW has numerous duties, among which are the establishing of standards *369 for the respective state programs, the establishing of certain minimum organizational and staffing requirements for the respective … We note also that the federal funding in this case is substantial and is clearly the lifeblood of the Title IV-D program.

Fravega v. SECURITY S. & L. ASS'N

192 N.J. Super. 213 · New Jersey Superior Court Appellate Division · Oct 14, 1983

However, since plaintiffs were clearly represented by counsel at that point they had ample opportunity to negotiate that item then. … certain of the legislative history to that which applies upon the granting of a writ of attachment, the language of R. 4:60-5(a) dealing with writs speaks only in terms of "a probability" of success and does not contain qualifying

The Nar Group, Inc. v. Save Lebanon Township Coalition

New Jersey Superior Court Appellate Division · Oct 15, 2025

Plaintiff cites Rule 4:6-1(b) as establishing a distinction between a motion to dismiss and a responsive pleading. … However, those conversations failed to establish that defendant's and Bohn's opposition to plaintiff's development application was a sham precluding immunity under the Noerr-Pennington doctrine.

M. v. S.

169 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Jun 6, 1979

Div. 1975), held that the county welfare board was entitled to budgetary immunity to such expenses in the absence of specific appropriation for such tests. … Clearly there is a nexus between the parties and the county welfare board.

Hubbard v. Reed

331 N.J. Super. 283 · New Jersey Superior Court Appellate Division · May 15, 2000

Put another way, the Legislature can clearly choose to require that such a plaintiff establish a threshold of merit even though plaintiff does not intend to use an expert. … The Legislature clearly did not intend such a result.

Matter of Recycling & Salvage Corp.

246 N.J. Super. 79 · New Jersey Superior Court Appellate Division · Feb 1, 1991

This clearly was one operation, subject to the Board's jurisdiction. II. … Clearly, there is nothing constitutionally defective in these requirements.

Reed v. Attorney General

195 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Aug 7, 1984

We are wholly satisfied that these issues are clearly without merit. R. 2:ll-3(e)(l)(E). Affirmed. … school other than a public school regardless of whether such transportation is along established public school routes.