Case law

Cramer v. Sharp

49 N.J. Eq. 558 · New Jersey Superior Court Appellate Division · May 15, 1892

The evidence entirely fails to establish it. … This is undoubtedly true where a part of the next of kin, even a majority, ask for the appointment of a stranger against the will of one of their own number, who is willing to take the appointment and qualified to be the

Iorio v. BD. OF REVIEW, DIV. OF EMP. SEC.

88 N.J. Super. 141 · New Jersey Superior Court Appellate Division · Jun 10, 1965

It held that N.J.S.A. 43:21-4(c)(1) "clearly * * * establishes a conclusive presumption of disability beginning with the first day of the fourth week prior to the birth," and, since four weeks before birth was within two … Other states provide disqualification for the duration of unemployment due to pregnancy, and half a dozen require a period of employment after pregnancy in order to qualify for benefits.

Nextel of NY, Inc. v. Bd. of Adjustment

361 N.J. Super. 22 · New Jersey Superior Court Appellate Division · Jun 3, 2003

It is clearly not expert testimony. But I think that it's something that a board is entitled to take into account. … Nevertheless, the Board, in reaching its decision, assumed that the pre-existing antennas at the proposed locations qualified as a nonconforming use.

BERNO A. CHALET, ETC. v. STATE OF NEW JERSEY (L-4210-21, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 24, 2022

On April 10, 2020, Governor Murphy signed Executive Order No. 124, which established a process to grant temporary reprieves to certain at-risk inmates. … Wood-El, 218 N.J. 72, 113-16 (2014) (discussing the qualified immunity doctrine).

In re an Application for a Protective Order

282 N.J. Super. 244 · New Jersey Superior Court Appellate Division · Jun 23, 1995

The State acknowledges that “[a]ppellant was promised use immunity if he was completely truthful,” and that appellant was debriefed “in confidence,” but asserts that appellant violated the terms of the debriefing agreement … Clearly, the statements are of such a nature as to create a risk of retaliation. Ordinarily, where there was a promise not to disclose information, the State would resist disclosure. See, e.g., United States v.

In Re Pleasonton

45 N.J. Super. 154 · New Jersey Superior Court Appellate Division · May 14, 1957

the caution to be exercised in considering the application of this or any other canon of will construction: "With the desire to reduce to a minimum the perplexity and uncertainty inseparable from the subject, courts have established … Torrey, 70 N.J.L. 672 ( E. & A. 1904), there is no canon demanding avoidance of a clearly expressed disposition not inconsistent with the over-all plan of the testament because intestacy, not necessarily actually foreseen

In re the Expungement of the Criminal Records of R.Z.

429 N.J. Super. 295 · New Jersey Superior Court Appellate Division · Jan 28, 2013

He wasn’t the hub, but within his spoke he was clearly one of the central players.” … The petitioner bears the burden because only the lack of a conviction for a prior or subsequent crime qualifies the petitioner to seek expungement in the first instance.

Saks v. Ng

383 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Feb 8, 2006

(Soloway), who was qualified as an expert in ophthalmology and the administration of anesthesia by ophthalmologists. … Clearly, Soloway did not establish the foundation for the res ipsa charge as required by Buckelew .

State of New Jersey v. Ivonne Saavedra

433 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Dec 24, 2013

Quinlan did not establish such a bright-line rule as defendant suggests. … 14 A-1449-12T4 rather than a public employee like defendant, contended that her employer discriminated against her when it promoted a less qualified

State v. McGuire

419 N.J. Super. 88 · New Jersey Superior Court Appellate Division · Mar 16, 2011

He had previously been qualified twice to testify in courts as an expert *432 in plastic bag manufacturing and identification. … The testimony was clearly not admissible under N.J.R.E. 406 as evidence of Bill's habit or routine of leaving wives.

Regan v. Regan

246 N.J. Super. 473 · New Jersey Superior Court Appellate Division · Dec 11, 1990

After Francis Regan's death, his surviving spouse qualified as administratrix of the estate. In December 1989, she commenced an action in the Chancery Division for partition. … Clearly, Virginia Regan gave Francis Regan the right to mortgage or encumber the property in any manner and for any amount he saw fit. Mr.

Imre v. Riegel Paper Corp.

43 N.J. Super. 289 · New Jersey Superior Court Appellate Division · Jan 11, 1957

modern, more pragmatical, decisional law regarding the protection of certain classes of intruders on the lands of another is reducing the precedential impressiveness of the much earlier decisions, and shrinking the former immunities … The continued existence of the clearly apparent path to the dumping ground was, it is argued, an inviting accommodation to trespassers to make use of it in their excursions to the river, and of this endangering enticement

State v. Warriner

322 N.J. Super. 401 · New Jersey Superior Court Appellate Division · Jun 28, 1999

Type simply gives notice that a firearm with that basic design qualifies as an assault weapon. As such, it gives adequate notice. … The record before us and the arguments raised fail to persuasively establish the unconstitutionality claimed. Consequently, we reverse the order dismissing the indictment.

State v. Lambert

275 N.J. Super. 125 · New Jersey Superior Court Appellate Division · Mar 11, 1994

Spivey, supra, 65 N.J. at 36 , 319 A. 2d 461 : The standard to be applied in determining whether one is capable of standing trial was clearly set out in State v. … Hartman's post-trial opinion as to defendant's competency to stand trial, the doctor qualified his opinion by a special note, stating: "It is always my recommendation, especially where questions of culpability or other delicate

Gabriele Pietz-Vogel v. Cathy Oliver-Hommes

New Jersey Superior Court Appellate Division · May 15, 2026

Defendant argued dismissal was warranted because the litigation privilege immunized her alleged statements as they related to the guardianship litigation and were a product of that action. … The court clearly indicated if an appeal was filed the award would be stayed. Thus, we are convinced the court appropriately awarded fees, committing no abuse of discretion.

New York Guardian Mortgagee Corp. v. Davis

193 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Feb 1, 1984

It should be noted that N.J.S.A. 14A: 1-3, which sets forth the scope of the corporation act, confirms the applicability of the act to foreign corporations established under federal law. … not fall within the statutory definition of "bank” or "savings bank," N.J.S.A. 17:9A-1(1)(a) to (e) and (13)(a) to (e), nor does it fall within the definition of "banking institution” N.J.S.A. 17:9A-1(2); it also does not qualify

Russell-Stanley Corp. v. Plant Industries, Inc.

250 N.J. Super. 478 · New Jersey Superior Court Appellate Division · May 3, 1991

As correctly pointed out by CPI, such a claim is clearly contrary to the facts in this matter. Two specific instances clearly come to the court's attention when considering this claim. … Clearly, not only has Russell-Stanley failed to establish that CPI made an incorrect statement [15] , Russell-Stanley has also failed to establish that even if any such statement were made by CPI, that it relied upon it.

Desanctis v. Borough of Belmar

455 N.J. Super. 316 · New Jersey Superior Court Appellate Division · Jul 9, 2018

The printed phrasing of said question on the ballots shall clearly set forth the true purpose of the matter being voted upon. … the General Assembly were elected, in which case such ordinance shall remain inoperative until a proposition for the ratification thereof shall be adopted, at an election to be held for that purpose, by a majority of the qualified

Flynn v. Megaro

112 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Nov 10, 1970

The complaint' sought to enjoin examination C1530 and to replace all temporary clerks with qualified persons from the C880X “knowledge of typing” list. … The record clearly indicates that typing is a reasonable requirement for a court clerk, and we concur in the Commission’s finding.

Fidelity Land Dev. Corp. v. RIEDER & SONS BUILDING AND DEV. CO.

151 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Jun 29, 1977

An addendum to the mortgage note limited plaintiff's recourse, in the event of a default in its payment, to the mortgaged land itself, immunizing the principals of the defendant mortgagor from any liability thereon. … However, we reject the view that imposes upon the beneficiary the burden of establishing justification for enforcement of the clause. * * * Instead, we would burden the trustor with the responsibility * * * A lender has the