Case law

State of New Jersey v. Kevin B. Boone

New Jersey Superior Court Appellate Division · Jul 24, 2024

We defer to the trial court's factual findings on the motion unless they were "clearly mistaken" or "so wide of the mark" that the interests of justice require appellate intervention, State v. … See Regis, 208 N.J. at 449 n.3 (emphasizing "the Legislature qualified its mandate to remain in a single lane with the crucial phrase 'as nearly as practicable'").

State v. Conroy

397 N.J. Super. 324 · New Jersey Superior Court Appellate Division · Jan 9, 2008

Sentencing a qualified defendant under the step-down provision is mandatory, not discretionary. … However, the step-down provision instructs the court to decrease the sentence of a qualified third offender.

Miller v. American Family Pub.

284 N.J. Super. 67 · New Jersey Superior Court Appellate Division · Mar 1, 1995

Proof that a defendant's action contravenes any one of those standards will establish a violation of the Act — regardless of any proof of intent. … In doing so, it discussed at some length the meaning of the term "ascertainable loss" setting out a rule which would clearly qualify plaintiffs' claims here as involving "ascertainable loss": Whenever a consumer has received

MT. BETHEL HUMUS v. State

273 N.J. Super. 421 · New Jersey Superior Court Appellate Division · May 24, 1994

Bethel) did not qualify for an exemption under the provisions of N.J.S.A. 13:9B-4d of the FWPA. Mt. Bethel appeals from that determination and we affirm. Mt. … Bethel had failed to establish that it had received preliminary site plan approval for its operation prior to July 1, 1988, the effective date of the FWPA. Neither party filed exceptions to the ALJ's determination.

Englewood Hospital & Medical Center v. the State of New Jersey

New Jersey Superior Court Appellate Division · Jun 27, 2024

a Health Care Subsidy Fund (HCSF), N.J.S.A. 26:2H- 18.58, to distribute subsidies to qualifying facilities. … Giving all favorable inferences to plaintiffs, Kearny, 214 N.J. at 91, the record shows they clearly established before the court evidence sufficient to support a

Mahler v. Borough of Fair Lawn

94 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Mar 9, 1967

The primary use of the premises by the occupant must be residential and the `home occupation' engaged in must be clearly incidental thereto. … On the variance issue, the Law Division judge merely stated: "* * * [T]he plaintiff produced sufficient evidence to establish the criteria under the statute.

In Re Civil Commitment of WXC

407 N.J. Super. 619 · New Jersey Superior Court Appellate Division · Jun 19, 2009

The basis for the diagnoses were clearly stated by both witnesses based on materials which are clearly presented in the record and particularly in the statements of the respondent himself. … It does not matter when the offense was committed as long as it qualifies as a predicate offense under the SVPA. J.M.B., supra, 395 N.J.Super. at 75 , 928 A. 2d 102 .

Maslonka v. Hermann

173 N.J. Super. 566 · New Jersey Superior Court Appellate Division · May 7, 1980

The dissent contends that "the case was clearly not ripe for summary judgment." (P. 584). Plaintiff did not make this contention in the Law Division. … [at 75] *590 The case was clearly not ripe for summary judgment. I would reverse the order under review and remand the matter to the Law Division for trial.

Plan for Abolition of Council

424 N.J. Super. 410 · New Jersey Superior Court Appellate Division · Mar 8, 2012

All members shall serve until their respective successors are appointed and shall have qualified. … N.J.S.A. 52:27D-305b also provided that members would serve six-year terms, with staggered starting dates, and would carry over until successors were appointed and qualified.

Wilson v. Faull

45 N.J. Super. 555 · New Jersey Superior Court Appellate Division · Jun 28, 1957

Even when the subcontractor agrees to assume the compensation liability, the contractor is secondarily liable and his common law immunity continues. Capozolli v. … It is by now clearly established by decisions of the United States Supreme Court that in a workmen's compensation situation either the state where the contract of employment was made, Alaska Packers Association v.

Bedell v. Saint Joseph's Carpenter Society

367 N.J. Super. 515 · New Jersey Superior Court Appellate Division · Mar 19, 2004

And it is clearly designed for a different purpose than a street. … The bowling establishment was separated from the parkway by a public sidewalk opposite entrance to the building.

Bung's Bar & Grille, Inc. v. TP. COUNCIL OF FLORENCE

206 N.J. Super. 432 · New Jersey Superior Court Appellate Division · Mar 20, 1985

At most, the cases simply established a presumption that the test is satisfied by state legislative action which is not clearly arbitrary. New Jersey does not recognize the presumption. … The constitutional claims are clearly substantial.

Estate of Lagano v. Bergen Cnty. Prosecutor's Office

454 N.J. Super. 59 · New Jersey Superior Court Appellate Division · Mar 20, 2018

The federal district court dismissed the Estate's claims on the grounds that the defendants were acting on behalf of the State, that the BCPO had sovereign immunity, that Mordaga had qualified immunity, and that count three … "When that language ' "clearly reveals the meaning of the statute, the court's sole function is to enforce the statute in accordance with those terms." ' " Olivero , 221 N.J. at 639 , 115 A.3d 1270 (citations omitted).

DiVigenze v. Chrysler Corp.

345 N.J. Super. 314 · New Jersey Superior Court Appellate Division · Nov 21, 2001

Those forums are: (1) an informal dispute resolution procedure established by the manufacturer, N.J.S.A. 56:12-36; (2) a summary dispute resolution procedure established within the Division, N.J.S.A. 56:12-37, in what is … A trial court's ruling on a motion for a new trial alleging a jury verdict to be against the weight of the evidence "shall not be reversed unless it clearly appears that there was a miscarriage of justice under the law."

Lilly v. Allstate Ins. Co.

218 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Jun 17, 1987

Producers have the authority to issue binders to qualified applicants. N.J.S.A. 17:30E-9a. Upon receipt of a premium, a servicing carrier must issue an insurance policy to a qualified applicant. N.J.S.A. 17:30E-9b. … Producers who are not exclusive representatives of a company which is a servicing carrier or who have not otherwise established a contractual relationship with a servicing carrier pursuant to this section, shall be assigned

Doe v. St. Michael's Med. Center, Newark

184 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Mar 11, 1982

However, the dual capacity doctrine has not met with wide approval, even when the employer clearly has independent obligations arising from his status as owner. … Recovery was denied because of the "important legislative policy immunizing an employer from common law liability." Id. at 52 . See, also, Jackson v. New Jersey Mfrs. Ins. Co., 166 N.J.

State v. Silverstein

76 N.J. Super. 536 · New Jersey Superior Court Appellate Division · Oct 29, 1962

"Such judicial discretion cannot be arbitrary, vague or fanciful but rather must be governed by and in accord with established principles of law." State v. Bunk, 4 N.J. 482, 485 (1950); State v. … This provision is mandatory, and no bond is to be approved unless the surety appears to be qualified in accordance with his affidavit of justification.

Demoura v. City of Newark

74 N.J. Super. 49 · New Jersey Superior Court Appellate Division · Apr 19, 1962

Society for Establishing Useful Manufactures, 2 N.J. 136, 151-2 (1949); Ash v. Frazee, 37 N.J. Super. 542, 546 ( App. Div. 1955). … Clearly, plaintiff is not entitled to bring such an action by himself and in his own name.

Cherry Hill Tp. v. Oxford House

263 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Feb 18, 1993

The residents clearly believed that they would not be able to remain clean and sober without the support of their fellow residents at Oxford House. … Clearly, the Chancery judge denied Oxford House's summary judgment motion.

State v. Petrozelli

351 N.J. Super. 14 · New Jersey Superior Court Appellate Division · May 14, 2002

While a defendant is obliged to establish the right to relief by a preponderance of the credible evidence, State v. … The sketchy 1985 written contract was clearly not intended to serve as an integrated agreement embracing all of the promises and obligations of the parties.