Case law

In Re Application of Zee

13 N.J. Super. 312 · New Jersey Superior Court Appellate Division · Apr 19, 1951

I think the same principle must apply here and that the mandatory life sentence provided in our statute does not inflict a penalty which is so "clearly and manifestly cruel and unusual" ( Schultz v. … Here this petitioner, charged by indictment with an offense which, on conviction, would subject him to a life sentence, appeared in court with apparently qualified counsel, entered a not guilty plea, waived jury trial, was

Chad Jordan v. Sweet Haven Farms, LLC

New Jersey Superior Court Appellate Division · Jul 2, 2025

On de novo review, "[a] trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Rowe v. … Rather, defendants' representations were clearly within their control and are reasonably considered ordinary obligations under the Act.

State v. Maure

240 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Apr 17, 1990

Recognizing the heavy impact breathalyzer results have in drunk driving prosecutions, our Supreme Court has said that "proper administration of the test [must] be clearly established before the reading is admitted in evidence … "This includes full proof that the equipment was in proper order, the operator qualified and the test given correctly." Ibid. In Romano v.

Town of Morristown v. Woman's Club

242 N.J. Super. 654 · New Jersey Superior Court Appellate Division · Jul 18, 1990

Further, it is a well established maxim that while statutes are to be interpreted to save their constitutionality, the constitutional issue should not be addressed "unless absolutely imperative in the disposition of the litigation … Such an objective clearly fulfills the "logical and reasonable basis" aspect of the General Electric standard.

Univ. of Med. v. Am. Ass'n of U. Prof.

223 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Mar 8, 1988

of qualified faculty" and/or "to retain an outstanding individual in *326 a subject area in which replacement is difficult." … Additionally, it determined negotiation was not preempted by State pension statutes in that by enacting N.J.S.A. 10:5-2.2 the Legislature "clearly and unequivocally" authorized institutions to continue (or not to continue

Walker Rogge v. Chelsea Title & Guar.

254 N.J. Super. 380 · New Jersey Superior Court Appellate Division · Mar 9, 1992

The Supreme Court clearly concluded that the title policy did not provide coverage and that the trial court had properly determined that Chelsea did not assume the duties of a title abstractor. … However, the Supreme Court's opinion indicates that it is common knowledge that one who does not engage "qualified experts such as lawyers or surveyors" runs the risk of suffering possible detriment. 116 N.J. at 529 , 562

Consolidated Rail Corp. v. State

19 N.J. Tax 378 · New Jersey Superior Court Appellate Division · May 10, 2001

shall deliver to the taxpayer a detailed statement of the taxpayer’s Class II property together with the assessment of such property for the following tax year at the rate hereinabove established. … for farmland assessment of a property which a taxpayer seeks to qualify for assessment under the Farmland Assessment Act.

State v. Tyson

200 N.J. Super. 137 · New Jersey Superior Court Appellate Division · Dec 7, 1984

Therefore, the language in this statute clearly can be construed as applying to both medical and financial assistance fraud. … This clearly indicates the pursuit of a common scheme.

Bor. 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.

Sperling v. Teplitsky

294 N.J. Super. 312 · New Jersey Superior Court Appellate Division · Jul 11, 1996

Sperling qualify as a victim of domestic violence? … Thus, in appropriate circumstances, the literal wording of a statute must give way to clearly stated statutory intent. Fiore v. Consolidated Freightways, 140 N.J. 452, 466 , 659 A. 2d 436 (1995).

De Vitis v. New Jersey Racing Com'n

202 N.J. Super. 484 · New Jersey Superior Court Appellate Division · Jul 15, 1985

An examination of the Commission's Final Decision establishes that it fully complied with these guidelines and that De Vitis's contention is therefore clearly without merit. … [e]very person is qualified to be a witness" at an administrative hearing. N.J.A.C. 1:1-15.2(e). See N.J.A.C. 1:1-15.6.

Alfred Petrossian v. Cindy R. Jebb, Etc.

New Jersey Superior Court Appellate Division · Jun 5, 2026

matriculated students qualifying for a student identification card. … There is clearly no basis to disturb the court's exercise of its discretion with respect to that decision. See Cavallaro, 334 N.J. Super. at 571.

Washington v. Magazzu

216 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Mar 11, 1987

The New Jersey contacts were nevertheless deliberate and purposeful, not "fortuitous and attenuated" as our concurring colleague concludes, and thereby qualify to satisfy the first step of the analysis. … Clearly and simply, the exchange of correspondence between Magazzu and Wicker, initiated by Magazzu, is not a contact with New Jersey sufficient to support jurisdiction over Wicker. NOTES [1] The lawyer, John J.

State v. Behn

375 N.J. Super. 409 · New Jersey Superior Court Appellate Division · Mar 7, 2005

I am not aware that Walter Reuter or Terry Baxter has ever been qualified as an expert in CBLA in any court of law. 11. … Clearly, such new scientific evidence may constitute newly discovered evidence. State v.

Quarto v. Adams

395 N.J. Super. 502 · New Jersey Superior Court Appellate Division · Aug 9, 2007

Harris by establishing same-sex civil unions, instead of amending the marriage laws to allow homosexual couples to wed. … It then delineated which of those relationships qualified for cognate treatment in New Jersey as civil unions.

Burnett v. Board

409 N.J. Super. 219 · New Jersey Superior Court Appellate Division · Aug 20, 2009

endangered or the personal privacy or guaranteed rights of individuals would be clearly in danger of unwarranted invasion. [ N.J.S.A. 10:4-7.] … Mayor & Council & Clerk of Laurel Springs, 163 N.J.Super. 32 , 394 A. 2d 145 (App.Div. 1978), use of the exceptions is qualified.

Great A. & P. Tea Co. v. A. & P. Trucking Corp.

51 N.J. Super. 412 · New Jersey Superior Court Appellate Division · Jul 28, 1958

In the latter respect, at least, the facts are clearly distinguishable from the instant case. … Legal scholars are of the opinion that such a poll, if properly qualified, should be admitted into evidence and not excluded on the ground of hearsay. Sorensen & Sorensen, "Opinion Research Evidence," 28 N.Y.U.L.

Estate of Colquhoun v. Estate of Colquhoun

177 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Feb 24, 1981

In our view, therefore, the reimbursement issue need never be reached because well-settled and long established principles of equity compel the extinguishment of the mortgage in these circumstances. … This being so, there was no longer a mortgage in esse during the lives of the cotenants and clearly then, no basis for its revival thereafter.

Bell Tower Condominium Ass'n v. Haffert

423 N.J. Super. 507 · New Jersey Superior Court Appellate Division · Jan 12, 2012

. 154, 163 , 915 A.2d 16 (App.Div.2007), that because a condominium association is required to provide a procedure for the resolution of “housing-related disputes” as an “alternative to litigation,” N.J.S.A 46:8B-14(k), qualifying … The present dispute is clearly “housing-related,” as it is premised on one of the sections of the Act.

Jw v. Lr

325 N.J. Super. 543 · New Jersey Superior Court Appellate Division · Oct 13, 1999

Based upon that advice, defendant's attorney moved for summary judgment, urging that no causation could be established absent expert testimony. … He also relied upon the legislative policy established by N.J.S.A. 2A:61B-1. [2] Plaintiff's opposing certification stated, in pertinent part: 2.