Case law

State v. Petrolia

37 N.J. Super. 326 · New Jersey Superior Court Appellate Division · Oct 17, 1955

The granting of such a motion is in the discretion of the court and his action will not be interfered with on appeal unless a mistaken exercise thereof clearly appears. State v. … The burden of establishing improper use of discretion rests on the appellant, and the record before us does not sustain the charge.

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.

Carianni v. Schwenker

38 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Nov 25, 1955

Clearly, in the case cited, there was no indication that the surviving parents could not sustain themselves without the assistance of the deceased daughter. … A clearly debatable factual issue on dependency was being developed as to all three daughters. The extent, for example, to which Mrs.

DeLane v. City of Newark

343 N.J. Super. 225 · New Jersey Superior Court Appellate Division · Jul 24, 2001

A survival action claim clearly does not arise under N.J.S.A. 2A:31-1 to -6. … Therefore, the personal injury claims brought by employees injured in the explosion did not fall within the intentional injury exception to workers' compensation immunity.

Society for Animal Rights, Inc. v. Township of Mahwah

138 N.J. Super. 322 · New Jersey Superior Court Appellate Division · Dec 9, 1975

A. 40:46-9 was adopted, there was qualifying legislation in respect of all forms of municipal government affecting the *337 viability of any elected, mandatory poundkeeping office theretofore required. … The issue, therefore, clearly cannot be determined on a motion for summary judgment.

Murphy v. Ocean County Board of Elections

379 N.J. Super. 461 · New Jersey Superior Court Appellate Division · Aug 5, 2005

Murphy did not respond to or challenge that Statement of Fact, which is therefore deemed established. See R. 4:46-2(b). … Thus the time periods provided by court rules for other civil litigation are clearly foreshortened.

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.

Smith v. CITY OF NEWARK

128 N.J. Super. 417 · New Jersey Superior Court Appellate Division · Apr 30, 1974

the New Jersey Constitution (1947) in that it constitutes "special" legislation: creating, increasing or decreasing the emoluments, term or tenure rights of public officers or employees; granting an exclusive privilege, immunity … The challenged provisions of the new legislation which accord a preference to a resident over an equally qualified nonresident do not contravene the constitutional mandate of appointments and promotions according to merit

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

Britten v. Liberty Mut. Ins. Co.

389 N.J. Super. 556 · New Jersey Superior Court Appellate Division · Jan 12, 2007

By its plain language, this section clearly contemplates that consumers who elect lesser benefits in exchange for lower premiums will not be eligible for greater benefits. … The plain language of N.J.S.A. 39:6A-4.2 establishes that plaintiff does not qualify as a primary insured under her mother's policy, and N.J.S.A. 39:6A-7(b)(4) permitted defendant to deny PIP benefits to plaintiff as a resident

Matter of Moorhouse

250 N.J. Super. 307 · New Jersey Superior Court Appellate Division · Aug 5, 1991

I am satisfied that the record itself today is clear and convincing respecting the medical condition of this patient, and the issue simply is does the sister qualify." … Both of these were clearly improper. The judge orally allowed Horan to remove life support on November 16, 1990.

Bergen County Sewer Authority v. Borough of Little Ferry

15 N.J. Super. 43 · New Jersey Superior Court Appellate Division · Aug 8, 1951

We believe the better rule to be that evidence of tax valuation is not admissible for the purpose of establishing fair market value in this type of cases. … is primarily in the discretion of the trial court, and its determination is not reviewable on appeal unless it is clearly shown to be erroneous in matter of law.

State v. Nunez

139 N.J. Super. 28 · New Jersey Superior Court Appellate Division · Jan 15, 1976

The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction … Clearly, the answer must be no. In State v. Hudes, 128 N.J. Super. 589 (Cty. Ct. 1974), the police recorded the results of a breathalyzer test on forms that were not sequentially numbered.

Showalter v. Barilari, Inc.

312 N.J. Super. 494 · New Jersey Superior Court Appellate Division · Jun 17, 1998

There are exceptions to the rule, but clearly, none of those exceptions apply here. … qualified witness.”

Abdullah v. SB Thomas, Inc.

190 N.J. Super. 26 · New Jersey Superior Court Appellate Division · Jun 3, 1983

Clearly, that logic still applies, except that in order to *30 encourage hiring of workers with preexisting disabilities the employer now gets credit for the "previous loss of function." … N.J.S.A. 34:15-12(d), as amended, in pertinent part reads: If previous loss of function to the body ... is established by competent evidence, and subsequently an injury ... arising out of and in the course of an employment

State v. Ernst

230 N.J. Super. 238 · New Jersey Superior Court Appellate Division · Feb 3, 1989

We have carefully considered these contentions and all of the arguments advanced by defendant in support of them and find that they are clearly without merit. R. 2:11-3(e)(2). … Here, the breathalyzer was stipulated to be in proper working order, and Officer Smith was qualified to operate the breathalyzer.

Todd v. Northeastern Poultry, Etc., Inc.

9 N.J. Super. 348 · New Jersey Superior Court Appellate Division · Jun 8, 1950

The inquiry now passes to the effect in law of these established facts. … It was, thus, a radical departure from the usual and long-established routine of his work, and falls clearly within the category of a compensable accident. Franklin v. U.S. Bronze Powder Works, supra .

Bistricer v. Bistricer

231 N.J. Super. 143 · New Jersey Superior Court Appellate Division · Nov 14, 1987

[I]t is not necessary for a writing to contain every possible contractual provision to cover every contingency in order to qualify as a completed binding agreement. … The court is satisfied that the bargain "clearly was struck." Pascarella v. Bruck, supra, 190 N.J. Super. at 126 .

In Re Grant of Charter School Application

320 N.J. Super. 174 · New Jersey Superior Court Appellate Division · Mar 29, 1999

The State Board cites legislative history to support the view that "parents" need not have children in the district to qualify as founders. … By those measures, the Court concluded, the county board (HCBT) "clearly" had standing. Id. at 492 , 628 A. 2d 288 .

Szczesny v. Vasquez

71 N.J. Super. 347 · New Jersey Superior Court Appellate Division · Jan 2, 1962

Super., at page 570 , the notice provisions of N.J.S.A. 39:6-65 could not more clearly be expressed. … The doctrine of *359 liberal construction relates to the scope of the legislation and not to the proof or the evidence necessary to establish compliance with its terms and conditions.