Case law

City of Trenton v. 222 West Associates Fund

350 N.J. Super. 600 · New Jersey Superior Court Appellate Division · May 13, 2002

The property further qualified for extension of the preliminary approval until December 31, 1996, under the Permit Extension Act enacted on August 7, 1992, N.J.S.A. 40:55D-133a. … The specific reference to the property at issue, Roebling Mansion, clearly expresses the city’s intention with respect to height limits for the subject property.

State v. J.S.

222 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Jan 15, 1988

In response to the prosecutor’s inquiry it was developed that C. furnished “yes” answers to her mother’s questions which established that “he had felt her body, and that he had stuck his fingers inside her vagina.” … Webster defines “complaint” as an “expression of grief, pain or resentment ... something that is the cause or subject of protest or outcry....” 1 In our view, to qualify as a complaint the victim’s statement must at least

Gaydos Ins. v. National Cons. Ins.

331 N.J. Super. 458 · New Jersey Superior Court Appellate Division · Jun 12, 2000

Because NCIC's insureds were concentrated in urban areas where loss experiences are historically high, NCIC's rate structure was wholly inadequate, as the following chart clearly discloses: Year Losses Pure Loss Ratio [1] … of exposures imposed by the qualified insurer on the UEZ agent prevents the UEZ agent from insuring an otherwise eligible person.

State v. Ellis

424 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Mar 6, 2012

Clearly, “the status or position of the defendant [is] a material element of the crime.” Id. at 570, 661 A.2d 251 . … The State’s case-in-ehief established neither of these material elements of the drug kingpin offense.

Mary T. Kleine v. Emeritus at Emerson

445 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Jun 9, 2016

My understanding is that qualified arbitrators charge $400-500 or more per hour for their services. … that the party from whom an arbitration clause has been extracted must "clearly and unambiguously" agree to a waiver of the right to sue.

Brinkman v. Urban Realty Co., Inc.

15 N.J. Super. 354 · New Jersey Superior Court Appellate Division · Sep 24, 1951

No law has been called to the attention of the court establishing any maximum rentals which could be lawfully charged for the use of the apartments in question. … Section 608 does not contain the language relied upon by plaintiffs to establish their right of action.

Horsemen's Ass'n v. Racing Com'n

251 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Nov 19, 1991

for funding if established." 90 N.J. at 429 , 448 A. 2d 462 . … The first would clearly be reviewable by this court pursuant to R. 2:2-3(a)(2), and the second would clearly be within the Racing Commission's initial investigative and quasi-judicial competence.

State v. Hooper

459 N.J. Super. 157 · New Jersey Superior Court Appellate Division · May 10, 2019

Because both crimes were committed within ten years of the offenses for which defendant was being sentenced in 2016, he qualified for extended-term sentencing as a persistent offender. See N.J.S.A. 2C:44-3(a). … We will thus reverse the denial of a motion to withdraw a guilty plea "only if there was an abuse of discretion which renders the lower court's decision clearly erroneous." State v.

State v. Tirelli

208 N.J. Super. 628 · New Jersey Superior Court Appellate Division · Mar 17, 1986

To negate the unlawfulness of defendant's actions he would have to establish that he did not act willfully, and thus did not violate N.J.S.A. 2A:156A-3. … Defendant argues that Luciani's testimony went to an issue to be decided by the judge and not "by the trier of the fact," Evid.R. 56(3), and that Luciani was never qualified as an expert.

State v. Davis

390 N.J. Super. 573 · New Jersey Superior Court Appellate Division · Feb 27, 2007

The other bad-acts evidence was relevant to a material issue, similar in kind and reasonably close in time to the charged offense, was clearly and convincingly established, and its probative value was not outweighed by the … The remaining pictures and videos admitted were clearly and convincingly established to be of under age children.

Funeral Home Mgmt. v. Basralian

319 N.J. Super. 200 · New Jersey Superior Court Appellate Division · Mar 10, 1999

Ostensibly, it seems, then, that this might simply be a choice of the experts, one that must remain with the Board unless clearly without basis. … Those factors do not qualify by themselves as a special reason ... entitling an applicant to a ... variance."). Cf.

PLAYCRAFTERS, ETC. v. Teaneck Tp. Bd. of Ed.

177 N.J. Super. 66 · New Jersey Superior Court Appellate Division · Jan 19, 1981

action may have the effect of respecting religious views by scheduling extracurricular school activities on days and at times which would not conflict with most religious services, the ultimate "colorable secular design" clearly … religious sanctuary for worship or instruction. [ 343 U.S. at 313-314 , 72 S.Ct. at 684 , 96 L.Ed. at 962 ; emphasis supplied] The trial court also erred in holding that political opposition or community divisiveness can qualify

DePalma v. Bldg. Insp. Underwriters

350 N.J. Super. 195 · New Jersey Superior Court Appellate Division · Apr 15, 2002

The legislative history of the Punitive Damages Act supports our interpretation of section c as establishing a class of cases that the Legislature intended to exempt from any cap on punitive damages—clearly not a class to … BIU does not contend DePalma's request for leave did not qualify under the Act, and we deem any such contention waived. See Pressler, Current N.J.

Mercer v. Weyerhaeuser Co.

324 N.J. Super. 290 · New Jersey Superior Court Appellate Division · Jul 13, 1999

A trial judge may intervene in the trial during the introduction of evidence to qualify or expedite matters. … More specifically, the plaintiff must establish, (1) that the appearance of authority has been created by the conduct of the alleged principal and it cannot be established "alone and solely by proof of [conduct by] the supposed

Chemical Bank of New Jersey National Ass'n v. Bailey

296 N.J. Super. 515 · New Jersey Superior Court Appellate Division · Jan 21, 1997

Stewart Title also offered no proof to establish that the settlements were objectively reasonable. Stewart Title’s reliance on Tessmar v. … Furthermore, the language of Section 5 is clear and unambiguous and establishes the division of loss and expenses between the parties.

Dial Block Co. v. Mastro Masonry

374 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Dec 30, 2004

We conclude, as did the motion judge, that a sensible construction of the statute establishes that it is not. … One of the goals of the amendment "was to clearly define the risk assumed by the surety issuing the bond."

In re the Contest of November 8, 2005 General Election for the Office of Mayor

388 N.J. Super. 663 · New Jersey Superior Court Appellate Division · Nov 21, 2006

Branning, 9 N.J.L.J. 110 (Cir.Ct.1886), the Clee court noted, In that case, which has been followed ever since, the court clearly indicated that it is the duty of a contestant, alleging the reception of illegal votes, or … cannot establish to the extent possible under the circumstances for whom the illegal vote was cast.

NJ STATE COLLEGE LOCALS v. State

251 N.J. Super. 577 · New Jersey Superior Court Appellate Division · Nov 19, 1991

PERC recognized as much when it concluded that only qualified preemption applied to the disputed regulations. PERC found that the presumption of preemption was not rebutted. … The record clearly reflects that Council was given an opportunity to express its views on the regulations before they were submitted to the Board for final adoption.

State of New Jersey v. Jorge L. Gomez

New Jersey Superior Court Appellate Division · Feb 19, 2025

A-0364-23 7 Moreover, the court reasoned although the punishment may be different, the statutes clearly indicate that distribution and possession with the intent to distribute are … Although a lone fact rarely establishes probable cause, "a successful 'controlled [drug] buy "typically will be persuasive evidence in establishing probable cause."'" Ibid. (quoting Jones, 179 N.J. at 392).

Publix Asbury Corp., Inc. v. City of Asbury Park

18 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Aug 21, 1951

Likewise, it has been firmly established that if more than one construction of the language used is possible, the circumstances surrounding the transaction may be considered as well as the written document. … However, said stipulation was qualified by the plaintiff's objection to the admission of the same into evidence on the ground that it would vary the terms of said lease.