Case law

Red Bank Bd. of Ed. v. WARRINGTON

138 N.J. Super. 564 · New Jersey Superior Court Appellate Division · Jan 14, 1976

In the light of this strong qualifying statement and, absent further clarifying legislation, we are not prepared to construe the general provision in section 7 ( N.J.S.A. 34:13A-5.3) authorizing the parties to agree on grievance … The other (§ 4) adds to N.J.S.A. 34:13A-5.3 this sentence: * * * Notwithstanding any procedures for the resolution of disputes, controversies or grievances established by any other statute, grievance procedures established

Melody Faith Mazur, Etc. v. Crane's Mill Nursing Home

441 N.J. Super. 168 · New Jersey Superior Court Appellate Division · Jun 11, 2015

Shah and then asserts the LSM defendants were negligent for hiring him because they knew or should have known he was not qualified to fill the position for which he was hired. … Mehlman "is clearly an emergency medicine expert," and because Dr. Shah, the director of the facility, "is a practicing geriatric physician," Dr.

Bunk v. Port Authority

279 N.J. Super. 613 · New Jersey Superior Court Appellate Division · Feb 22, 1995

. --, 115 S.Ct. 394 , 130 L.Ed.2d 245 (1994), in which its denial of Port Authority’s claim of Eleventh Amendment immunity from suit in the federal court required reexamination of the corporate structure of Port Authority … New Jersey has long since legislatively declared that PIPC employees working in this State and those paid from funds appropriated by or attributable to this State “shall be deemed to be employees of this State,” not only qualified

State v. Jaquindo

138 N.J. Super. 62 · New Jersey Superior Court Appellate Division · Jun 12, 1975

There are many well qualified attorneys who are not affected by the disqualification which is the subject matter of this appeal. The orders of the Law Division under review are affirmed. MORGAN, J.A.D. … Clearly, with respect to such offenses, there can be no doubt but that any investigation in the prosecutor's office at the time Marra held office could not have been concerned with offenses not yet committed.

Chapel v. Board of Trustees

258 N.J. Super. 389 · New Jersey Superior Court Appellate Division · Jul 13, 1992

The APA clearly rests upon the principle that parties affected by an agency's decision are entitled to know the reasons for it. … N.J.S.A. 52:14B-10(c) establishes a simple method for extending the 45-day final decision making period.

Leonides Velazquez v. City of Camden and Officer Alexis Ramos

447 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Sep 14, 2016

Only those errors "clearly capable of producing an unjust result," will result in a reversal of a jury verdict. R. 2:10-2. … Again, if he was qualified and called . . . as an expert witness, he'd be permitted to express opinions.

Hayden v. Hayden

284 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Oct 16, 1995

At plaintiff's retirement at the age of fifty-five with over thirty years of service, he would qualify for a pension of approximately seventy percent of final compensation. … We cannot now determine that the figures reached by the trial judge were "clearly unfair or unjustly distorted by a misconception of the law or findings of fact that are contrary to the evidence." Wadlow v.

D.M.H. VS. H.G.H. (FM-09-2148-15, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 12, 2020

However, such "[p]roperty 'clearly qualifies for distribution' when it is 'attributable to the expenditure of effort by either spouse' during marriage." Pascale v. Pascale, 140 N.J. 583, 609 (1995). … "The A-4267-17T2 24 burden of establishing immunity rests upon the spouse asserting such immunity."

In Re Application of Ronson Corporation

164 N.J. Super. 68 · New Jersey Superior Court Appellate Division · Nov 13, 1978

. *70 The proposed landing site meets the requirements of N.J.A.C. 16:54-4.1 et seq., and has been found satisfactory from a safety point of view by a qualified aeronautical inspector. … Clearly he [the Commissioner] should, at the very least, acknowledge the relevance of the local zoning ordinance with respect to applications *73 for private heliports and helistops.

LaSalla v. LaSalla

324 N.J. Super. 264 · New Jersey Superior Court Appellate Division · Apr 28, 1999

(emphasis added) By creating an independent right to a pension in a qualifying spouse over which the member has no control, Seavey v. … Insofar as death would obviate the necessity of providing the benefits here involved, the impact of divorce was clearly the relevant consideration.

In re the will of Gilham

64 N.J. Eq. 715 · New Jersey Superior Court Appellate Division · Jul 22, 1902

She had kin living in England, but who 'they were is not clearly disclosed by the evidence. The only other kin of deceased in this country, so far as the evidence discloses, were the appellant, Mary E. … The proponents of the will, however, elicited from them opinions upon the real facts as I have found them established in that respect.

Hanover Ins. Group v. Cameron

122 N.J. Super. 51 · New Jersey Superior Court Appellate Division · Jan 8, 1973

Order accelerating discovery, establishing timetable and fixing September 22, 1972 as date for pretrial conference filed July 10, 1972. 7. … On the same day Hanover assigned the claim of Karl against Cameron to a qualified investigator for the first time.

Rowe v. Pittsgrove Township

153 N.J. Super. 274 · New Jersey Superior Court Appellate Division · Sep 1, 1977

The evidence clearly indicates that the buildings being used by plaintiffs as housing are unfit for human habitation. … The policy section of N.J.S.A. 20:4-2 declares the purpose of the act to be the establishment of a fair and equitable treatment of displaced persons.

Moore v. Bd. of Freeholders of Mercer County

76 N.J. Super. 396 · New Jersey Superior Court Appellate Division · Oct 9, 1962

Plaintiffs are clearly entitled to inspect and copy the particular records they have designated. … The records which claim plaintiffs' interest clearly qualify as public records. In this connection, see Ferry v. Williams , Taxpayers' Ass'n of Cape May v. City of Cape May (and New Jersey cases reviewed), Casey v.

State v. Jiminez

257 N.J. Super. 567 · New Jersey Superior Court Appellate Division · Jul 2, 1992

Barry, a Nutley Township police officer, who qualified as an expert in accident reconstruction and traffic safety. … Figueroa clearly testified he never gave anyone permission to use the car.

Valentin v. Bootes

325 N.J. Super. 590 · New Jersey Superior Court Appellate Division · Jul 28, 1998

In these circumstances, we perceive no impediment to the complete release of Jordan's personnel file inasmuch as plaintiff's need for the material clearly outweighs defendants' claims of purported confidentiality. [ Id. at … The Jaffee court did not fully define the scope of the privilege, but held that the privilege was not qualified, and thus not subject to a balancing test based on the need for the confidential information.

Stanley E. Williams v. Borough of Clayton

442 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Oct 16, 2015

The UDJA provides a well-established mechanism for resolving an actual legal dispute that arises between adversarial parties. … He clearly did so to assure that the Borough itself would not pursue an appointment process based upon an incorrect conception of the applicable statutes and their appoint-from-within eligibility

Kvaerner Process v. Barham-McBride

368 N.J. Super. 190 · New Jersey Superior Court Appellate Division · Apr 6, 2004

The judge found that the transactions between the parties nominally qualified for construction lien eligibility and that the materials and labor evidenced by certain invoices had actually been delivered to the project. … Defendants were clearly entitled to such discovery as was necessary for them to meet the issue posed by plaintiff's complaint, i.e., to establish the validity of the lien claim.

Flores v. BD. OF TRUSTEES OF PUB. EMP. RET. SYS.

287 N.J. Super. 274 · New Jersey Superior Court Appellate Division · Feb 13, 1996

Slip and fall type accidents ordinarily do not qualify as traumatic events under these tests. Maynard v. Board of Trustees of Teachers' Pension & Annuity Fund, 113 N.J. 169 , 549 A. 2d 1213 (1988); Ciecwisz v. … On the other hand, the Court held that correction guards who were assaulted by inmates "clearly sustained injuries as a result of `a great rush of force or uncontrollable power.'" Gable v.

Entrot v. BASF Corp.

359 N.J. Super. 162 · New Jersey Superior Court Appellate Division · Apr 7, 2003

As noted, the motion judge ruled that plaintiff had not established this prerequisite. … These companion cases clearly indicate that an analysis of employment relationships involves multi-factorial analysis rather than simplistic taxomony.