Case law

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 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 .

Kaczorowska v. National Envelope Corp.

342 N.J. Super. 580 · New Jersey Superior Court Appellate Division · Jun 1, 2001

It was established that the device was not used because it hampered the operation of the mill. Id. at 336 , 762 A. 2d 311 . … The instant matter is clearly distinguishable.

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.

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.

Heller v. Resnick

284 N.J. Super. 47 · New Jersey Superior Court Appellate Division · Aug 31, 1995

He did not, 2 and he assisted Selma in filing papers on June 3, 1988 to qualify as administrator of Max’s estate. … Here, it is the agreement itself that establishes the interests involved.

WENDY CURRAN VS. KEVIN CURRAN (FM-14-1198-12, MORRIS COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Apr 6, 2020

Super. 18, 33 (2011), and the burden of establishing that an asset or any portion thereof is immune from distribution falls on the party claiming its immunity, Pacifico v. Pacifico, 190 N.J. 258, 269 (2007). … The burden of establishing a prima facie case of such a change falls on the moving party. See id. at 282.

Goodman v. Board of Review

245 N.J. Super. 551 · New Jersey Superior Court Appellate Division · Feb 4, 1991

The Division does not challenge the finding that claimant was qualified for benefits upon getting fired by Turi's Cleaners. … In the case before us, claimant's testimony clearly established that her low-paying new-found job with JFD was interfering with her search for suitable employment, *558 and there was no finding to the contrary.

Bancredit, Inc. v. Bethea

65 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Feb 17, 1961

Failure of the maker to establish either fraud in the execution or freedom from negligence debases entirely the merit of such a contention. … It is also the duty of the creditor to establish the reasonable value of the alleged necessaries. De Woody v. Goss, 86 S.W. 2 d 194 ( Mo. Ct. App. 1935).

Endre v. Arnold

300 N.J. Super. 136 · New Jersey Superior Court Appellate Division · Apr 24, 1997

The duty, however, only requires the host to give such assistance as the host reasonably can and to take reasonable *144 action to turn the injured person over to those qualified to care for the guest. … Plaintiff had the burden of establishing defendant’s conduct was a proximate cause of death. See Dawson v.

Borough of Woodstown v. Township of Lower Alloways Creek

124 N.J. Super. 347 · New Jersey Superior Court Appellate Division · Jun 29, 1973

The legislative purpose in enacting the equalization statutes was clearly to limit the use of the equalization table to apportionment situations. … A strange result when one considers the assessment desideratum of establishing true value.

Mayhew v. Wagenhoffer

43 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Dec 12, 1956

Mayhew qualified as executrices. The question here involved is whether Frances C. Mayhew and Mary C. Wagenhoffer now have a vested interest in the real estate mentioned in the will. … Van Houten the rules established by that decision *126 have been frequently applied by our courts in construing limitations over by way of executory devise.”

Hospital Center at Orange v. Guhl

331 N.J. Super. 322 · New Jersey Superior Court Appellate Division · Jun 2, 2000

The Division's delay in issuing decisions regarding appellant's Medicaid rate appeals was as clearly unjustifiable as the administrative delay that the Court found to violate "fundamental procedural fairness" in Arndt. … Section 1983 ( 42 U.S.C.A. § 1983 ) provides in relevant part: *1086 Every person who, under color of any statute, ... subjects, or causes to be subjected, any ... person ... to the deprivation of any rights, privileges, or immunities

Polulich v. JG Schmidt Tool Die & Stamping Co.

46 N.J. Super. 135 · New Jersey Superior Court Appellate Division · Jun 24, 1957

Psichos, supra , in which the judge on his own motion stopped a witness from testifying as an expert on the ground he was not qualified. … Davidson, satisfies me that the petitioner has established an increase in disability.

Westfield Investment Co. v. Fellers

74 N.J. Super. 575 · New Jersey Superior Court Appellate Division · May 14, 1962

It was clearly established that the defendants could not feed four persons, including themselves, on $37.07 per month. If the defendants would accept this new deal, Mr. … In this case fraud in the inducement and failure of consideration have clearly been established. Plaintiff seeks to avoid these defenses by cloaking itself in the garb of a holder in due course.

Gray v. Serruto Builders, Inc.

110 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Apr 30, 1970

It clearly confirms the view that damages are available in state courts for violations of 42 U.S.C.A. § 1982 . … No agency between the tenant and the management has been established.

DeBartolomeis v. Bd. of Review

341 N.J. Super. 80 · New Jersey Superior Court Appellate Division · May 23, 2001

R. 2(3), it merely conforms the rule to established practice. N.J. Evid. … That is clearly proper.

TERRACE CONDO. ASSO. v. Midlantic Nat. Bank

268 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Jul 19, 1993

The purchaser relies upon his "knowledge and skill, and he impliedly represents that he is qualified to erect a habitable dwelling. He is also in a better position to prevent the existence of major defects." … Midlantic seeks to immunize itself by claiming that it is not a builder with respect to The Terrace and that non-builders cannot be liable for breaches of the implied warranty of reasonable workmanship.

Brown v. Brown

208 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Feb 28, 1986

the final judgment was entered and that proceedings to clarify, implement and modify the judgment continued at least through October 1982, when a consent order was entered fixing values of some of the real property and establishing … The primary question in Tevis was whether plaintiff was entitled to a deferred accrual date because of intervening developments in the law respecting the abolition of interspousal immunity as a defense to an intentional tort

K.S. VS. J.S. (FM-18-0685-15, SOMERSET COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 10, 2020

Property qualifies for equitable distribution when it is attributable to the expenditure of effort by either spouse during the marriage. Pascale, 140 N.J. at 609. … The burden of establishing the immunity of property from equitable distribution lies with the party seeking exclusion. Id. at 609.