Case law

State v. Guerin

208 N.J. Super. 527 · New Jersey Superior Court Appellate Division · Feb 6, 1986

He should have competent counsel and you are qualified and you are competent and I’ve seen you in action and you’ll do well for him. You’re doing it, not him. … I felt that he clearly met the criteria of the statute respecting competency to stand trial.

US BANK, NA v. Hough

416 N.J. Super. 286 · New Jersey Superior Court Appellate Division · Sep 14, 2010

Plaintiff also contends that if we prohibit it from proceeding with its foreclosure action, Hough "would clearly have been unjustly enriched," when, in fact, her own acts or omissions materially contributed to the mortgage … To implement the legislative process of the FHA, the Legislature established COAH, N.J.S.A. 52:27D-305a, and appointed the HMFA as the agency to "establish affordable housing programs to assist municipalities in meeting the

State v. Baker

270 N.J. Super. 55 · New Jersey Superior Court Appellate Division · Jan 21, 1994

Defendant's other ineffective assistance of counsel arguments relating to the conduct of his trial involve matters of trial strategy within the discretion of defense counsel and are clearly without merit. … The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.

In Re Trust Agreement Dec. 20, 1961

399 N.J. Super. 237 · New Jersey Superior Court Appellate Division · Aug 17, 2006

During his life, Johnson established a number of trusts to which his several children were made beneficiaries. … Such an attempt at proof does not suffice to establish a grantor's probable intent.

Reliance Ins. v. Armstrong W. Ind.

259 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Jul 17, 1992

The ANCC property was first established as a factory site in the 1800's by the Whitall-Tatum Company, (hereafter Whitall-Tatum). … Under this test, a volitional act by the insured nevertheless qualified as an "accident" if the insured did not specifically "intend to cause the resulting harm or [was] not substantially certain that such harm w[ould] occur

Thomas A. Fredella v. Township of Toms River

New Jersey Superior Court Appellate Division · Feb 12, 2026

Because the trial record was not developed on these issues, the Township's initial burden was to establish that Dr. Guzzardi was qualified to offer such opinions. … Guzzardi was clearly qualified, based on his training and experience, to opine on why emergency medical professionals clinically observe an individual's pupils and the medically accepted standard of measuring pupils as

State v. Ellis

346 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Jan 22, 2002

The amicus brief submitted by the Parole Board demonstrates the intricate nature of establishing primary parole eligibility dates. … Such sentences are clearly illegal and correctable in post-conviction relief proceedings.

Morris Cty. Fair Hous. Council v. Boonton Tp.

209 N.J. Super. 393 · New Jersey Superior Court Appellate Division · Oct 28, 1985

Consequently, the only party who clearly has a stake in the validity of § 28 has refrained thus far from mounting his challenge. … He assumes that all these units would qualify for the credit provided by § 7(c)(1).

In Re Agricultural, Aquacultural

410 N.J. Super. 209 · New Jersey Superior Court Appellate Division · Oct 21, 2009

In applying for a certification, all applicants must now submit a map "with the farm management unit clearly delineated." N.J.A.C. 7:20A-2.3(c). … Qualifying diversions in the Basin area are subject to approval by the Delaware River Basin Commission (DRBC). See N.J.S.A. 32:11D-53.

State v. Hollander

201 N.J. Super. 453 · New Jersey Superior Court Appellate Division · May 16, 1985

The judge further concluded that Neighbor qualified as an expert in the study of fibers and the probative value of the evidence was not substantially outweighed by any prejudice from its admission. … We have carefully reviewed the other issues raised by defendant and find them to be clearly without merit. R. 2:11-3(e)(2). Affirmed.

M.G. VS. S.M. (FM-12-0446-15, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 26, 2018

Clearly, [the] stock[s] were performance options and a reward for staying with my employer and a reward for future performance. … To refute such a presumption, the party seeking exclusion of the asset must bear "'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'"

Darwin v. Gooberman

339 N.J. Super. 467 · New Jersey Superior Court Appellate Division · Mar 5, 2001

The complaint also charged Gooberman and [his associate], who assisted him, were not qualified to perform procedures that should have been done by qualified anesthesiologists. … If in defense, the defendant establishes he had some form of colorable consent to proceed with the treatment, then any claim for professional negligence in obtaining such consent already has been dismissed for non-compliance

Mary T. Kleine v. Emeritus at Emerson

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.

TAMMY NATALE VS. RICHARD NIGRO (L-0468-16, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 2, 2019

We affirmed the snow removal immunity established in Miehl after the passage of the Tort Claims Act. See Manca v. Borough of Hopatcong, 157 N.J. … The Court found "no clear evidence of the Legislature's intent to abrogate the immunity established by Miehl.

NJ Mtge. and Inv. Corp. v. Calvetti

68 N.J. Super. 18 · New Jersey Superior Court Appellate Division · May 25, 1961

Nor does the fact that the payee has indorsed the instrument, as here, "without recourse," place subsequent holders on notice as to defenses existing between prior parties; the purpose of this qualified indorsement is simply … It is in this area of primary fact that defendants' affirmations lack substance and that their moving papers fail to establish sufficient foundation for a genuine trial conflict.

Michael Shaw v. Town of Kearny

New Jersey Superior Court Appellate Division · Jun 4, 2025

The trial court granted summary judgment to defendants and held that defendants were immune because their discretionary decisions fell within the statute providing qualified … immunity for the discretionary acts of public employees . . . .

Mezey v. United Jersey Bank

254 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jan 30, 1992

Specifically, Purzycki qualified his opinion respecting UJB's first lien status, noting that it was subject to "such exceptions as have been approved by the Bank." … This policy is clearly established in the New Jersey Recording Act, see N.J.S.A. 46:21-1 and N.J.S.A. 46:22-1, and is equally applicable to the statutes dealing with notices of settlement.

State of New Jersey v. Ryan J. Rinker

446 N.J. Super. 347 · New Jersey Superior Court Appellate Division · Jul 29, 2016

To qualify under that exception, the statement "must have been made in furtherance of the conspiracy," "must have been made during the course of the conspiracy," and "there must be evidence, independent of the hearsay, of … The Byrd Court clearly prescribed the process by which otherwise inadmissible hearsay could be admitted under the new Rule.

Newark Council No. 21 v. James

318 N.J. Super. 208 · New Jersey Superior Court Appellate Division · Feb 11, 1999

On the plaintiffs applications for a preliminary injunction, the Court said: This record clearly indicates the County’s official knowledge of violations of the residency requirement. … Each department head was directed to notify those identified employees who had not, as of that date, complied with the City residency ordinance that “they risk losing their job to a qualified Newark resident if they do not

In Re

New Jersey Superior Court Appellate Division · May 1, 2017

As we explained in Silver, "[b]y its plain terms," the 2003 regulation "prescribe[d] a two-prong standard to establish misconduct." Id. at 53. … It is well-established that, when reviewing an 19 A-4636-14T3 agency's adoption of a regulation on appeal, the scope of review is "both narrow