Case law

State v. Ransom

169 N.J. Super. 511 · New Jersey Superior Court Appellate Division · Jul 13, 1979

Moreover, the court stated that the "sale of intoxicating liquor * * * is not one of the privileges or immunities of citizenship protected by the * * * Constitution * * *, but is rather a business subject to prohibition or … It *516 distinguished its holding from previous decisions having to do with warrantless searches of liquor establishments ( Colonnade Catering Corp. v.

Dittmar v. Continental Casualty Co.

50 N.J. Super. 593 · New Jersey Superior Court Appellate Division · Jun 20, 1958

He died four months later, but meanwhile he attempted some door-to-door selling and gave a friend some assistance in establishing a grocery department in his store. … The case is clearly distinguishable. We are referred to Shaffer v. Metropolitan Life Ins. Co., 133 N. J. L. 53 (Sup.

Enriquez v. W. Jersey Health Sys.

342 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Jul 3, 2001

It is also essential that the plaintiff establish damages. Id. at 965. … If plaintiff's allegations are true, she has established a prima facie case of trade libel.

Rodgers v. Reid Oldsmobile, Inc.

58 N.J. Super. 375 · New Jersey Superior Court Appellate Division · Dec 7, 1959

Defendant raises questions pertaining to the sufficiency of the proofs to establish an issue for the jury and to the competency and materiality of some of the plaintiffs' proofs, and concerning the establishment of damages … Finally, it is urged that plaintiffs should not have been permitted to testify concerning the value of their automobiles before the fire, not being qualified as experts.

Smb Assocs. v. Dept. of Environ. Prot.

264 N.J. Super. 38 · New Jersey Superior Court Appellate Division · Apr 23, 1993

Additionally, there were no substantive criteria established before the administrative proceedings for determining how to qualify for a "conceptual approval." … It does not establish how the proposal might have been revised so as to qualify for a waiver.

Gosschalk v. Gosschalk

48 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Feb 6, 1958

(Emphasis added) To qualify for admission as a temporary visitor, an alien must establish: “(1) that he has a residence in a foreign country which he has no intention of abandoning; (3) that he intends to remain in the United … J. 315 (1954), is clearly distinguishable. In Greenberg v. Greenberg, 11 N. J. Super. 582, 595-596 (Ch. 1951), the court said: “Defendant moves to abate tbe within action because of tbe pendency of the New York action.

In re N.J.A.C. 17:1-6.4, 17:1-7.5 & 17:1-7.10

454 N.J. Super. 386 · New Jersey Superior Court Appellate Division · May 7, 2018

In general, an eligibility statute provides applicable guidelines for determining whether an applicant qualifies for benefits. … Although we invalidate N.J.A.C. 17:1-7.5(c)(2), (c)(3), and (c)(4), we uphold N.J.A.C. 17:1-7.5(c)(1) because that provision merely establishes that the initial IME will be provided at no cost to the applicant. *941 V.

In Re Tufi Application

182 N.J. Super. 631 · New Jersey Superior Court Appellate Division · Feb 10, 1982

He followed these instructions despite his awareness, clearly evidenced by the record, that he was violating federal law. … The standard of review in considering an appeal from a Commission ruling is clearly enunciated in In re Boardwalk Regency, 180 N.J.

CLUB 35 v. Borough of Sayreville

420 N.J. Super. 231 · New Jersey Superior Court Appellate Division · Jun 14, 2011

While N.J.S.A. 2C:33-27b authorizes a municipality to prohibit BYOB, Sayreville not only prohibits BYOB in commercial establishments that do not qualify as restaurants under its definition, but also regulates BYOB in restaurants … N.J.S.A. 2C:33-27b permits a municipality to prohibit BYOB either in all unlicensed premises or in all but an objectively, clearly and rationally defined exempted class of unlicensed premises.

Williams v. Bd. of Ed. Deptford Tp.

192 N.J. Super. 31 · New Jersey Superior Court Appellate Division · Nov 16, 1983

injury under the workers' compensation laws should also qualify under Civil Service regulations. … N.J.S.A. 18A:30-2.1 should not be read to establish a limited period of eligibility running continuously for one year from the date of the accident or even from the first qualifying absence.

Allan-Deane Corp. v. Tp. of Bedminster

153 N.J. Super. 114 · New Jersey Superior Court Appellate Division · Oct 5, 1977

Super. 114 (1977) 379 A.2d 265 ALLAN-DEANE CORPORATION, A DELAWARE CORPORATION, QUALIFIED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. … stated purpose of the meeting was "to discuss the Allan-Dean Proposal and its impact on the Somerset Hills Area," the written meeting notice further identifying the three municipalities as the communities "where the long-established

James Moran v. Board of Trustees, Police and Firemen's Retirement System

New Jersey Superior Court Appellate Division · Nov 25, 2014

Undisputed evidence at the hearing established that firefighting duties were divided between two different units, each of which would arrive at a fire in a different fire truck. 2 Breaking … While this was not a classic "accident" in the sense that the house did not collapse on Moran, nor did he trip while carrying a fire hose, it was clearly an unexpected and undesigned

Atamian v. Supermarkets General Corp.

146 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Nov 29, 1976

Although they concede that there are exceptions to the general rule of "no duty" where special relationships and/or special circumstances exist, defendants deny that the present facts qualify as an exception. … So restrictive an approach to the recognition of duty was clearly rejected by the Supreme Court in Goldberg , with its elevation of "fairness" as the ultimate question.

DIANA ACEVEDO VS. CITY OF MILLVILLE (L-0404-18, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 17, 2021

The trial court granted the City's motion for summary judgment, finding the City immune from liability under N.J.S.A. 59:4-2 because plaintiff failed to present sufficient evidence establishing the depression or hole constitutes … In fact, the evidence establishes that it is not.

BOARD OF ED. OF BELVIDERE v. Bosco

138 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Dec 10, 1975

Defense counsel in his brief and at oral argument urged that N.J.S.A. 18A:9-6 mandates that since the petition was signed by more than 40% of the qualified voters, the board must place the proposal before the voters at the … It tailored the enabling legislation to be responsive to urban as well as suburban and rural situations while at the same time establishing a statewide policy to guarantee a relatively uniform system throughout the state.

Evangelou v. Terzano

298 N.J. Super. 467 · New Jersey Superior Court Appellate Division · Mar 12, 1997

It shall be and hereby is established that Defendant, Terzano[,] was the agent of Defendant, NJAFIUA; C. The Cross-Motion of Defendant, Terzano, shall be and hereby is dismissed. … In support of its motion, the NJAFIUA argued that insurers, agents, and brokers were immune from liability for failure to advise customers or insureds of additional or increased limits of UM/UIM coverage pursuant to N.J.S.A

State v. Green

417 N.J. Super. 190 · New Jersey Superior Court Appellate Division · Nov 9, 2010

Those documents are clearly relevant to whether Soke was properly trained and operated the Stalker Lidar device in accordance with the manufacturer's instructions on the day in question. Cf. … Here, the judge concluded that defendant was not qualified to testify as an expert and barred admission of his testimony and opinings.

Szabo v. NJ State Firemen's Ass'n

230 N.J. Super. 265 · New Jersey Superior Court Appellate Division · Jun 21, 1988

Rules that purport to qualify the right to membership, he claims, are invalid. … That system is clearly contrary to N.J.S.A. 43:17-9 and cannot stand.

Passaic County PBA Local 197 v. Office of Passaic County Prosecutor

385 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Apr 24, 2006

Continuing, the judge concluded: It is clearly reasonable that, in most instances, the report documenting the reasonable suspicion would be prepared by the agency employing that officer and subsequently reviewed by the chief … While there’s no doubt that a municipal police department and/or a county sheriffs department qualify as a law enforcement agency, it follows that a county prosecutor’s office must be similarly deemed a law enforcement agency

Navarro v. Rodriguez

202 N.J. Super. 520 · New Jersey Superior Court Appellate Division · Dec 12, 1984

See Report of the Attorney General's Task Force on Sovereign Immunity (1972) Chapter 4. However, the New Jersey act does not reflect all the provisions contained in the California act. … It is the public policy of this State that public entities shall only be liable for their negligence within the limitations of this act and in accordance with the fair and uniform principles established in the Tort Claims