Case law

Kronberg v. Kronberg

263 N.J. Super. 632 · New Jersey Superior Court Appellate Division · Jan 13, 1993

She would not qualify because it is undisputed that she and Louis have lived separate for many years. … established. ( Matter of Conroy, 98 N.J. 321, 364 , 486 A. 2d 1209 [1985]).

State v. Ferguson

255 N.J. Super. 530 · New Jersey Superior Court Appellate Division · Apr 21, 1992

(9); (3) defendant was particularly likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1b(1); (4) there were substantial grounds tending to excuse or justify defendant's conduct, though failing to establish … This statutory immunity takes much of the risk out of the decision to testify at the transfer hearing. We can infer no voluntary waiver of the right to testify in this situation.

Matter of Ass'n of Trial Lawyers of Am.

228 N.J. Super. 180 · New Jersey Superior Court Appellate Division · Oct 13, 1988

First, an association "may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy." Warth v. … Clearly, the Products Liability Act does not regulate or purport to regulate professional associations of any sort whatsoever. Nor does it in any way affect the associational rights of ATLA's members.

Dunphy v. Gregor

261 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Dec 23, 1992

The basic interest warranting protection was clearly articulated by the Court, 84 N.J. at 101 , 417 A. 2d 521 . … Rptr. 72 , 441 P. 2d 912 (1968), to establish the emotional distress cause of action.

Elmora Hebrew Center, Inc. v. Fishman

215 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Mar 13, 1987

Plaintiff contends that EHC is a nonorthodox congregation established to respect the tenets of "traditional" Judaism. … Such an inquiry was clearly beyond the realm of a civil court. The same situation exists here.

Hoffman v. Asseenontv. Com, Inc.

404 N.J. Super. 415 · New Jersey Superior Court Appellate Division · Jan 5, 2009

Included in small type at the bottom of the webpage and next to three asterisks, was the following: Initial retail purchase is required for qualifying bonus gift or offers, along with a separate shipping and handling charge … Plaintiff has failed to establish any damage or loss, regardless of any reliance.

Hernandez v. Bosco Preparatory High

322 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 8, 1999

The nature of the subsequent full hearing, if one is held, "clearly depends upon the circumstances of the particular case." Ibid. (citations omitted). In G.F. v. … The evidence in the record on appeal clearly shows that Don Bosco followed this procedure before dismissing plaintiff.

Neptune TV & App. v. LITTON MICROWAVE, ETC.

190 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Jun 7, 1983

The franchisee, in turn, acquires an instant public reputation based on system-wide promotion and the good will already established by other franchises. … That aspect of the arrangement — its licensing element — must be coupled with a community of interest between the parties as heretofore described before the abuse potential is triggered and in order for the arrangement to qualify

Dolid v. Leatherkraft Corp.

39 N.J. Super. 194 · New Jersey Superior Court Appellate Division · Feb 21, 1956

It is circumscribed by the definitely established precedents. … The covenant may be limited, contingent, or otherwise lawfully qualified by its terms.

Matter of Estate of Frisch

250 N.J. Super. 438 · New Jersey Superior Court Appellate Division · Jun 13, 1991

He testified that Leonard clearly knows the interrelationship between the objects of his bounty and his property. … R. 4:86-1 et seq. sets forth the procedures that are used to establish that one is mentally incompetent. *450 I find that Dr. Litkey and Dr.

New Jersey Division of Youth & Family Services v. C.H.

428 N.J. Super. 40 · New Jersey Superior Court Appellate Division · Aug 23, 2012

After viewing the video, the court commented that “[i]t clearly show[ed] he has a fair amount of manual dexterity.” … The Court concluded the caregiver’s conduct clearly rose to the level of wanton or willful as she deliberately gave the child the entire bottle of pills without seeking clarification of the dosage even though she was unsure

Anchor Law Firm, Pllc v. the State of New Jersey

New Jersey Superior Court Appellate Division · May 9, 2025

Fundamentally, Paragraph 3 of Section 2 establishes that the Supreme Court "has jurisdiction over the legal profession." Williams & Chen, at 166. … The Court has also directed that persons who file ethics complaints against attorneys have immunity for those actions. In re Hearing on Immunity of Ethics Complainants, 96 N.J. 669, 679 (1984).

Banco Popular North America v. Gandi

360 N.J. Super. 414 · New Jersey Superior Court Appellate Division · Apr 29, 2003

It was clearly and succinctly stated by the Supreme Court in Printing Mart v. Sharp Electronics, 116 N.J. 739 , 563 A. 2d 31 (1989). … We are in no position to determine whether plaintiff can establish its claims by competent, credible evidence.

In Re Estate of Cory

98 N.J. Super. 208 · New Jersey Superior Court Appellate Division · Dec 8, 1967

Eq. 491 ( E. & A. 1929), and rejected the established line of authority. … The letter is now clearly admissible under Rules of Evidence 63 (32) and In re Cook, supra .

In re Estate of Gabrellian

372 N.J. Super. 432 · New Jersey Superior Court Appellate Division · Oct 20, 2004

The Writing signed by his father clearly stated, “Sell all holdings immediately.” Indeed, Mark’s verified complaint filed in the first action recites in pertinent part: 14. … The doctrine clearly applies to two successive, contested probate actions that were unquestionably intertwined.

State v. Fernandez

209 N.J. Super. 37 · New Jersey Superior Court Appellate Division · Mar 5, 1986

Defendant claimed that he qualified for a 10 year sentence reduction based upon "good cause." … Super. at 448 ( N.J.S.A. 2C:1-1d(1) held applicable to pre-Code defendant sentenced under Sex Offender Act and transferred to regular prison facility, where a Code provision, N.J.S.A. 2C:43-9, clearly established *47 that

In re the General Election of November 5, 1991

255 N.J. Super. 690 · New Jersey Superior Court Appellate Division · Feb 18, 1992

Ricca did appear, was identified, was qualified to vote, and they received Mrs. Ricca’s ballot. … His intent is clearly indicated on the ballot.

Elizabeth v. STATE, DEPT. OF ENV. PROTECT

198 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Dec 21, 1984

"The burden is not upon the Commissioner to establish that the requisite facts exist; [r]ather, the burden is on petitioners to establish that they do not." Consolidation Coal Co. v. Kandle, 105 N.J. Super. at 114 . … They argue that because this provision of the Solid Waste Utility Control Act deals with the granting of franchise areas by the BPU for which, appellants maintain, qualifying hearings are customarily of a trial-type nature

State v. Hoffman

399 N.J. Super. 207 · New Jersey Superior Court Appellate Division · Mar 31, 2008

A defendant seeking to overcome rejection from PTI must "clearly and convincingly establish that the prosecutor's decision constitutes a patent and gross abuse of discretion." State v. … Prosecutors are guided by a number of different principles when determining whether a defendant qualifies for PTI.

Errington v. Mansfield Township Board of Education

100 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Mar 27, 1968

They are clearly set forth in his comprehensive opinion. In substance, he held that Mrs. Harsha had composed the letter by dint of her own effort and had caused it to be published without authorization from the board. … The proofs fail to establish that Mrs. Harsha was ever “informally authorized” by a majority of the board members to send the letter in question.