Case law

Aljian v. Ben Schlossberg, Inc.

8 N.J. Super. 461 · New Jersey Superior Court Appellate Division · May 3, 1950

It is well established in this State that, in a case involving a joint tort, if the party injured accepts satisfaction from one of such tortfeasors, he cannot sue the other. Moss v. … The language of the release clearly imports a settlement by compromise of the entire subject matter of the litigation. *467 There are no qualifying words therein manifesting a different intention or intimating that the money

Band's Refuse Removal, Inc. v. Fair Lawn Bor.

62 N.J. Super. 522 · New Jersey Superior Court Appellate Division · Jul 27, 1960

The qualifying contractors were advised of the postponement prior to March 26. All four submitted sealed bids on April 9. … The statements he so fully gave the prosecutor were clearly against interest.

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.

Malhame v. Borough of Demarest

162 N.J. Super. 248 · New Jersey Superior Court Appellate Division · Aug 3, 1978

One siren is located on the firehouse in the center of town, the area where the few commercial establishments are located. … Div. 1952), and citations therein] Since plaintiffs did not clearly establish at trial that the nuisance complained of could be abated without transferring the same injurious consequences to some other residents, the court

State v. Moscato

253 N.J. Super. 253 · New Jersey Superior Court Appellate Division · Jan 21, 1992

The linkage, as we have *259 seen, is established in N.J.S.A. 13:1E-27 which deems solid waste facilities established pursuant to the Management Act to be public utilities subject to the BPU. … A court should not dismiss an indictment except on the clearest and plainest grounds and only where evidence to support it is clearly lacking. State v. Vasky, 218 N.J.

Panetta v. Panetta

370 N.J. Super. 486 · New Jersey Superior Court Appellate Division · Jul 1, 2004

Marx established the formula for allocating the marital share of a deferred distribution pension. 265 N.J.Super. at 428 , 627 A. 2d 691 . … Clearly, the purpose of the offset is to balance the retirement benefits accrued by each of the parties during the marriage.

COURIER-POST v. County of Camden

413 N.J. Super. 372 · New Jersey Superior Court Appellate Division · May 20, 2010

It has previously published legal notices for defendants and maintains that it is qualified to do so. … N.J.S.A. 2A:61-1. [6] *315 (B) Defendants attempt to circumvent this well-established law by arguing that because The Philadelphia Inquirer is available online and may be viewed and printed out from a computer in New Jersey

Jacobs v. Walt Disney World, Co.

309 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Apr 1, 1998

WDW is not qualified to do business in the State of New Jersey and has neither incurred nor paid taxes to this State. … Clearly, this avenue warrants further exploration, as it appears that WDW has substantial contacts with New Jersey through its fellow subsidiaries and derives financial benefit in that way.

Clinton Tp. Citizen's Comm. v. Clinton Tp.

185 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Mar 23, 1982

The Legislature has provided very clearly that it is the initial and primary responsibility of the assessor to determine property tax assessments. N.J.S.A. 54:4-23, 4-24, 4-27 and 4-35. … Super. 85 (App.Div. 1971), certif. den. 59 N.J. 268 (1971) (holding a tax assessor immune from direct attack in a revaluation context), and Ridgefield Park v. Bergen Cty. Bd. of Tax., 61 N.J.

KEVIN DIPIANO VS. CURTIS POINT PROPERTY OWNERS ASSOCIATION (L-2415-19, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Sep 14, 2021

They further argued that the notice was truthful and that the association members were protected by qualified immunity. On November 14, 2019, defendant Matthew Smith filed a motion to dismiss. … Clearly gamesmanship.

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.

STATE OF NEW JERSEY VS. JOSHUA NICHOLSON (13-12-0773, SOMERSET COUNTY AND STATEWIDE)

451 N.J. Super. 534 · New Jersey Superior Court Appellate Division · Aug 31, 2017

"Unless there is a stipulated record, or unless immunity issues are implicated, a pretrial motion to dismiss an indictment is not a permissible vehicle for addressing the sufficiency of the government's [trial] evidence." … "In order to overturn a prosecutor's rejection, a defendant must 'clearly and convincingly establish that the prosecutor's decision constitutes a patent and gross abuse of discretion.'"

Marxe v. Marxe

238 N.J. Super. 490 · New Jersey Superior Court Appellate Division · Dec 6, 1989

Another motion was filed by a third party, returnable on February 6, 1989, which concerned the issue of whether a non-party, non-resident was immune from service of a trial subpoena when he came into the jurisdiction for … This would clearly have a negative impact upon the workings of the court systems.

Reiser v. Pension Commission, Passaic Cty.

147 N.J. Super. 168 · New Jersey Superior Court Appellate Division · Dec 7, 1976

When statutes relating to the same subject matter are repugnant or inconsistent, and the latter statute is clearly intended to prescribe the only rule which should govern the case, it will be construed as repealing the earlier … Plaintiff contends that this hodge-podge, crazy-quilt of varied distinctions in the class of widows who can qualify for pension benefits is completely without rhyme or reason; that the classifications are established by the

Borough v. Abram Demaree

365 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Jan 14, 2004

Reaching this issue was unnecessary in Twp. of Franklin because the farm involved was clearly a commercial enterprise. … Defendant's actions might qualify as "agricultural management practices" under the *118 Farm Act. Twp. of Franklin v. Hollander, supra, 172 N.J. at 150 , 796 A. 2d 874 .

CWA v. Treffinger

291 N.J. Super. 336 · New Jersey Superior Court Appellate Division · May 9, 1996

qualified applicants. … (c) All other qualified applicants. The preference established by this section shall in no way diminish, reduce or affect the preferences granted pursuant to any other provisions of the law.

Gallara v. Koskovich

364 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Apr 15, 2003

Koskovich clearly states in his taped statement that there were no loud noises during the break-in and that he was also scared upon entering the store. … A licensed seller of firearms should not be immune from liability if it engages in conduct that contributes to gun violence.

State v. Lally

80 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Sep 25, 1963

Clearly, R.S. 18:11-1 carries an express mandate to boards of education that they provide school buildings which are suitable for school use. … The Legislature has not established that the failure to disclose information, such as is complained of here, should constitute a crime.

In Re Ocean County Com'r Registration

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.

Borough of Highlands v. Davis

124 N.J. Super. 217 · New Jersey Superior Court Appellate Division · May 24, 1973

Ordinance #200 adopted April 8, 1940 established a police department. That ordinance in pertinent part provided : 1. … Grammatically read, the ordinance clearly provides that the Council will appoint not only police officers but also the chief of police, the captain of the police and one or more sergeants of the police.