Case law

DMV v. Granziel

236 N.J. Super. 191 · New Jersey Superior Court Appellate Division · Oct 11, 1989

of one year with or without medication and that he is physically qualified to operate a motor vehicle." … Green's reports and opinions than to the contrary recommendations of the members of the Neurological Disorder Committee, and although she clearly stated that she did not construe N.J.A.C. 13:19-5.1 as imposing a non-rebuttable

Frame v. Kothari

212 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Oct 11, 1985

At issue is whether a physician's misdiagnosis was an event perceived by the parents in order to establish a prima facie case for negligent infliction of emotional distress under the guidelines set forth by our Supreme Court … Clearly, defendant's actions in the present situation caused grief to the parents. It is equally apparent that such emotional trauma could be a forseeable result of defendant's alleged negligence.

ROBERT J. TRIFFIN VS. SHS GROUP, LLC (DC-013226-18, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 3, 2021

Defendant receives money from the federal government, and then distributes the funds to qualifying students for educational and living expenses. Id. … identifying it as duplicate, compared to defendant's copy referencing the electronic indorsements and transfers by both banks, and defendant's bank statement showing $1,431 deducted from his account, clearly

State v. Green

346 N.J. Super. 87 · New Jersey Superior Court Appellate Division · Jul 9, 2001

supra , properly explained the test required to make the routine/non-routine determination: The degree of invasiveness or intrusiveness associated with any particular type of search determines whether or not that search qualifies … Asbury, supra, 586 F. 2d at 976-77 , set out a useful list of factors, distilled from many cases, that have been utilized by courts in determining whether reasonable suspicion has been established.

Brody v. Alfieri

179 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Mar 2, 1981

Brody has since presented his judgment to the qualified executrix under Alfieri's will; whether and to what extent assets will be available to pay the judgment is not yet known. … Clearly the statute must be read as granting the protection of the Fund only with respect to wrongful conduct of a broker or salesman acting in his capacity as such.

State v. Micheliche

220 N.J. Super. 532 · New Jersey Superior Court Appellate Division · Jun 8, 1987

Though both statements tended to establish his innocence, each was inconsistent with the other, *542 and it was held that the prosecutor was properly allowed to cross-examine defendant about the inconsistency. … We find these contentions to be clearly without merit. R. 2:11-3(e)(2). The judgment of conviction is vacated and the matter is remanded for a new trial.

State v. Kearney

183 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Dec 31, 1981

Hess' testimony shows that he was a seasoned police officer who was well-qualified to reasonably conclude that the open trunk contained contraband. … In explaining the decision, the court noted that it was necessary to establish a "workable, bright-line" rule for search-incident cases.

Dey v. Codman

39 N.J. Eq. 258 · New Jersey Superior Court Appellate Division · Oct 15, 1884

It appears very clearly by the evidence that this mortgage had been paid off before the testator’s death. … He qualifies the statement, however, by saying that, what his father said was, that he had no more of the, notes—that is, that he had' used them up.

MICHAEL J. KELSEY VS. TOWNSHIP OF EAST HANOVER (L-0564-19, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 21, 2021

The TCA defines the extent of the Legislature's waiver of sovereign immunity and "establishes the procedures by which claims may be brought[.]" Beauchamp v. Amedio, 164 N.J. 111, 116 (2000). … We note that the TCA clearly provides that notice in writing is required even when oral notice has been provided. See N.J.S.A. 59:8-4; see also Velez, 358 N.J.

State of New Jersey v. Jamel Carlton

New Jersey Superior Court Appellate Division · Dec 19, 2024

The far-ranging trial proofs that might be needed to establish a defendant's membership in a criminal organization for purposes of N.J.S.A. 2C:39-5(i) stand in stark contrast to the simple proofs needed to establish that … Clearly, the commentary in the 1971 Final Report presupposed that a defendant has no constitutional right to have the sentencing issue decided by a jury.

In the Matter of the Solar Transition Pursuant to L. 2018, C. 17 – Application for Certification of Solar Facility, Etc.

New Jersey Superior Court Appellate Division · Dec 29, 2025

A-3975-23 6  We are bound to apply clearly defined statutory terms. State v. S.B., 230 N.J. 62, 68 (2017). … Here, there was ample evidence before the BPU that established the Reeder Site was actively used for agriculture during the Farmland Lookback as defined in subsection (s).

Paull v. Pierce

68 N.J. Super. 521 · New Jersey Superior Court Appellate Division · Jun 30, 1961

Based upon the results of that test, a list of qualified applicants was compiled by the Commission. This list was originally to expire on May 9, 1959, but was extended to May 8, 1960. … The appointments made prior to May 3, 1960 are clearly lawful.

State v. Jones

183 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Feb 17, 1982

These characterizations clearly describe *181 the purpose of the dismissal of the first indictment here, where the crime was abolished. … If the reversal is qualified, such as being on other grounds or otherwise not militating against the asserted statement in the reversed opinion, the fact or facts may be noted.

Lehmann v. Kanane

84 N.J. Super. 117 · New Jersey Superior Court Appellate Division · May 22, 1964

This is a suit brought by plaintiff to establish his right to the position of deputy surrogate of Union County. … Furthermore, statutes enacted to establish tenure must be strictly construed, Brintle v. Board, of Education of City of Long Beach, 43 Cal. App. 2d 84 , 110 P. 2d 440 (D. Ct.

Marioni v. 94 Broadway, Inc.

374 N.J. Super. 588 · New Jersey Superior Court Appellate Division · Feb 8, 2005

Lindner contends that he does so qualify because he recorded his notice of settlement prior in time to plaintiff's similar recording two days later. … Instead, the record clearly demonstrates that it was Roxy that concluded it was on sufficiently solid ground, vis-a-vis its relationship with plaintiff, that it could rightfully sell the property to someone else.

STATE OF NEW JERSEY VS. JEROME SHAW, JR. (13-04-0591, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 23, 2018

The Attorney General has not established any standard limiting resubmission. … at 55, and holding that the prosecutor is obliged to present clearly exculpatory evidence to a grand jury).

Estate of DeMartino v. DIV. OF MEDICAL ASSISTANCE AND HEALTH SERVICES

373 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Nov 10, 2004

death. [2] In our view, a testamentary trust of the sort employed here qualifies as an "arrangement" for the conveyance of the assets of a Medicaid beneficiary within the meaning and intent of 42 U.S.C.A. § 1396p (b)(4)( … Because Michael had a right under N.J.S.A. 3B:8-1 to an elective share of Anne's estate, and because the trust was funded with an amount equal to Michael's elective share, he clearly had an interest in the trust assets when

Bullet Hole, Inc. v. Dunbar

335 N.J. Super. 562 · New Jersey Superior Court Appellate Division · Dec 20, 2000

("NICS") A key provision bearing on this appeal reads: (b) Establishment of system. … V In addition to their separation-of-powers challenge to the Governor's designation and the State Police's procedures, appellants contend in the alternative that two of the State Police's Operational Procedures qualified

Radiological Society of NJ v. Sheeran

175 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jul 17, 1980

I Blue Cross is a nonprofit hospital service corporation organized for the purpose of establishing, maintaining and operating a hospital service plan. N.J.S.A. 17:48-1. … The Fourteenth Amendment immunizes people from actions by the State which affirmatively and significantly impinge on "fundamental rights, so thought to be inherent in their nature rather than created by any constitution or

Fowler v. Crystal Motors, Inc.

340 N.J. Super. 33 · New Jersey Superior Court Appellate Division · Jun 11, 2001

Nordstrom's diagnosis was not clearly based upon any independent review of the x-ray films. *734 According to defendant and the motion judge, plaintiff's evidence was insufficient to establish by objective medical evidence … The serious impact test in Oswin describes the type of disability that must be suffered by a plaintiff to qualify under the statute.