Case law

DCPP VS. K.K. AND S.C., IN THE MATTER OF THE GUARDIANSHIP OF C.C. (FG-03-0043-19, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Oct 29, 2020

On appeal, K.K. argues the trial judge's conclusion that the Division of Child Protection and Permanency (Division) "clearly and convincingly" established all four prongs of the best interests standard embodied in N.J.S.A … clearly wants to remain permanently in the care of his [resource] mother."

State v. Vogt

342 N.J. Super. 368 · New Jersey Superior Court Appellate Division · Jun 25, 2001

On appeal defendant contends: POINT I THE STATE DID NOT ESTABLISH JURISDICTION TO ENFORCE ITS LAW ON THE FEDERALLY OWNED PORTION OF HIGBEE BEACH. … The *383 defendant clearly violated the state regulations by entering a restricted area. As such, the defendant was clearly guilty of the State violation.

ROBERT KOEHLER VS. MICHAEL SMITH (L-4693-15, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 1, 2020

The design plan for the project, drafted by the DOT Bureau of Structural Engineering, clearly indicated a minimal vertical clearance of thirteen feet, nine inches for the Ridge Road overpass, but did not propose the placement … Nonetheless, Balgowan asserted if a contractor were uncomfortable with the manner in which the plan was established, the contractor could address signage on its own.

Mayer v. Board of Commissioners

52 N.J. Super. 127 · New Jersey Superior Court Appellate Division · Oct 6, 1958

the motion for summary judgment stated that no permanent appointment to the position of sanitation general foreman would be made until the Civil Service Commission had held an examination and submitted the names of those qualified … They all indicate clearly that the chief function of the sanitation general foreman is to supervise the scavenger service.

Paul Revere Life Ins. Co. v. Haas

266 N.J. Super. 35 · New Jersey Superior Court Appellate Division · Jul 7, 1993

In any event, the analysis under Johnson is clearly not dispositive. … does not have the "except for fraudulent misstatements" phrase, the insured could misrepresent with intent to deceive in his application, wait two years and one day to file a claim despite his intervening disability, thus immunizing

N.J. Turnpike Authority v. Parsons

5 N.J. Super. 595 · New Jersey Superior Court Appellate Division · Sep 26, 1949

No such law shall take effect until it shall have been submitted to the people at a general election and approved by a majority of the legally qualified voters of the State voting thereon. … "There is hereby established in the State Highway Department a body corporate and politic, with corporate succession, to be known as the `New Jersey Turnpike Authority.'" R.S. 27:23-5, N.J.S.A.

Gladstone v. Berk

233 N.J. Super. 228 · New Jersey Superior Court Appellate Division · May 17, 1989

This conflicts with the well-established canon of statutory interpretation which teaches us to harmonize or reconcile the elements of an enactment. … The rule clearly does not authorize admeasurement of dower — rather it sets forth procedures when some other authority permits admeasurement.

Danese v. Ginesi

280 N.J. Super. 17 · New Jersey Superior Court Appellate Division · Mar 2, 1995

The court, however, ordered that a plenary hearing be conducted to establish a record on the following two issues: *20 1. … A Judiciary Committee, to be appointed by the President, is established in Article XV of the by-laws.

Sillery v. Fagan

120 N.J. Super. 416 · New Jersey Superior Court Appellate Division · Jul 24, 1972

Risko, 56 N.J. 482 (1970), our Supreme Court abolished the theory of interspousal immunity in automobile negligence cases. … Divorce in England was not established until the close of the 17th Century, and then only by Parliament.

JEFFREY C. GILBERT VS. WARREN COUNTY PROSECUTOR (L-0128-19, WARREN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 30, 2021

Defendants further contend they are insulated from liability under principles of absolute or qualified immunity. … Given the circumstances, the court found that defendants were immune from liability.

Procanik by Procanik v. Cillo

226 N.J. Super. 132 · New Jersey Superior Court Appellate Division · Jun 30, 1988

It was clearly a project fraught with obstacles and uncertainties at every stage, and Greenstone was not interested in pursuing it. … of the management of this case which can be established despite the inadequate documentation from the records."

Sperry & Hutchinson Co. v. Margetts

25 N.J. Super. 568 · New Jersey Superior Court Appellate Division · Apr 13, 1953

The only accounting expert produced at the trial was plaintiff's witness — a highly qualified accountant in the merchandising field. … Such a transaction, so clearly free from illegality, has no reasonable connection with any possible fraud in the sale of motor fuel.

Jersey City v. Armed Realty Corp.

45 N.J. Super. 49 · New Jersey Superior Court Appellate Division · Apr 25, 1957

The second level use, it is said, qualifies the property for double assessment as property "not used" for carrier purposes under N.J.S.A. 54:29 A -4, supra. … This decision clearly establishes that land in railroad use may not be assessed locally even though a portion of the building resting on it is put to non-carrier purposes.

State v. Branch

301 N.J. Super. 307 · New Jersey Superior Court Appellate Division · Jun 4, 1997

Lee did not stand trial, but was instead given use-immunity to testify against defendant. … Here, the seizure was clearly lawful.

Fairfax Financial Holdings Limited v. S.A.C.

450 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Apr 27, 2017

Ed. 2d at 544-45, "[i]f the question is whether an individual's contact with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party's home forum, we believe the answer clearly … We held "the evidence established that the funds loaned or extended to Parmalat all originated from Citi." Id. at 438.

American Civil Liberties Union of New Jersey, Inc. v. County of Hudson

352 N.J. Super. 44 · New Jersey Superior Court Appellate Division · Jun 12, 2002

More importantly, both cases clearly established that movants are, with liberality, to be afforded reasonable opportunities to cure procedural defects in their motions to intervene. … Manifestly, this case qualifies under the first and third exceptions.

New Jersey Div. v. ARG

361 N.J. Super. 46 · New Jersey Superior Court Appellate Division · Jun 5, 2003

I'm clearly convinced based upon the testimony of Ms. … I'm satisfied that the Division has clearly established that [R.L.G.] has been subjected to aggravated circumstances of abuse and cruelty. This is not just punishment for a child's bad progress report in school.

Amador Castro v. State of New Jersey

New Jersey Superior Court Appellate Division · Dec 11, 2024

"Under the TCA, immunity [for tort liability] is the rule and liability is the exception." Posey v. … Apart from proof of notice, to establish liability against a public entity under N.J.S.A. 59:4-2, a claimant must establish a prima facie case that the action or inaction of the public entity was "palpably

State v. Rose

458 N.J. Super. 610 · New Jersey Superior Court Appellate Division · Apr 24, 2019

The request must be made "clearly and unequivocally." … Although the right to self-representation may be waived by conduct, the conduct must clearly establish that the defendant intentionally relinquished a known right.

Kaprow v. Board of Education

255 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Mar 25, 1992

At no time thereafter was Kaprow advised as to any position for which he might qualify by virtue of his tenure, although he states his address has not changed. … It is thus clear that the legislative delegation to the State Board and the Commissioner of the power to establish rules relating to the hearing of controversies clearly encompasses the right to establish when and the time