Case law

MacChi v. CONNECTICUT GENERAL INS.

354 N.J. Super. 64 · New Jersey Superior Court Appellate Division · Aug 20, 2002

According to that letter, because plaintiff was not "occupying" the Corvette at the time of the accident, she could not qualify as an "insured person." … That construction would render illusory the term of the policy establishing a $1,000,000 UM/UIM limit. See Cook-Sauvageau v.

Bumbaca v. Township of Edison

373 N.J. Super. 239 · New Jersey Superior Court Appellate Division · Nov 19, 2004

date of this act, nor is it intended to be construed to prohibit conduct now permitted. [4] As a result, while we do not endorse nepotism to the extent that it promotes hiring on a basis other than merit, the practice is clearly … Assuming that plaintiff's proofs established a prima facie case of discrimination, that proof would give rise to a presumption that the employer unlawfully *164 discriminated against plaintiff. Bergen Commercial Bank v.

Huber v. Serpico

71 N.J. Super. 329 · New Jersey Superior Court Appellate Division · Jan 8, 1962

Such being the case, even had the negligence of Edwards been established, there would have been no respondeat superior liability on the part of Timberbrook. … Plaintiff produced one Swanger, a qualified tree expert, who testified that the cost of clearing the debris left from Serpico's timbering operations would amount to $3,000.

Fedor v. Nissan of North America, Inc.

432 N.J. Super. 303 · New Jersey Superior Court Appellate Division · Aug 23, 2013

The terms of participation in the Auto Line program are clearly expressed and emphasize the objective of facilitating communication between consumers and warrantors to assure compliance with warranty provisions. … N.J.S.A. 56:12-36d includes qualifying language describing “any informal dispute settlement procedure established pursuant to this section” (emphasis added).

Miller v. Mitchell

245 N.J. Super. 290 · New Jersey Superior Court Appellate Division · Jan 15, 1991

Such law shall become operative only if it is adopted by ordinance of the governing body of the municipality or county or by vote of the legally qualified voters thereof. … To function efficiently, special charter municipalities must assume that the provisions in their charters remain in effect unless general legislation expressly or clearly provides to the contrary.

Menorah Chapels v. Needle

386 N.J. Super. 100 · New Jersey Superior Court Appellate Division · Jun 8, 2006

General Price List for Menorah Chapels, effective June 1, 1998, provided: The special Orthodox ritual requirements of Tahara [ritual washing] and Watcher [shomer] will be carried out whether decedent is a man or woman by qualified … Such an intent clearly was not manifested by the parties at the time that the contract for services was executed, and cannot reasonably be inferred in the circumstances presented.

IN RE PROTEST OF CONTRACT AWARD FOR PROJECT A1150-18, ETC. (DIVISION OF PROPERTY MANAGEMENT AND CONSTRUCTION)

New Jersey Superior Court Appellate Division · Feb 2, 2021

Each subcontractor for the four trades enumerated in N.J.S.A. 52:32-2(a) must be "qualified in accordance with chapter 35 of Title 52." N.J.S.A. 52:32-2(b)(2). … The HVACR Licensing Laws created a Board of Examiners to establish HVACR licensing requirements and to oversee HVACR contractors. N.J.S.A. 45:16A-3 and -4.

In the Matter of Commission Proceeding on Revocation of License of Pasquale Pontoriero

439 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Jan 7, 2015

Prof'lly Green, L.L.C., 215 N.J. 388, 399 (2013)). 2 Appellant does not dispute that Fiumara and DePiro qualify as members of an organized crime group, career offenders, and convicted racketeers. … Here, the history of corruption on the waterfront, as well as the need for strict regulation, is well established: [T]he conditions under which waterfront labor is employed . . . are depressing

MICHAEL FROMOSKY VS. TOWNSHIP OF LITTLE EGG HARBOR (L-0723-17, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 14, 2019

The Township is a municipal corporation located in Ocean County that qualifies as a "public entity" under the TCA's definition. … Buzby and Loesch argue that the Township and its employees should be "equitably estopped" from asserting the lack of a notice as a defense, contending "the Township was clearly placed on notice."

Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel

161 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Jul 7, 1978

Such statement must “indicate the number of qualified units proposed, the price or rental ranges, and how the applicant intends to make the units available to qualified families.” … as low and moderate-income housing, if indeed they do not so qualify already.

Armaniaco v. Cresskill

62 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Jul 11, 1960

The adoption of the established custom urged herein must come from the Legislature and not from the courts. … agency has no election whether or not to waive defects in a bid which fails to qualify in material particulars.

Livingston Builders, Inc. v. Township of Livingston

309 N.J. Super. 370 · New Jersey Superior Court Appellate Division · Mar 31, 1998

He stated that the assisted living units planned for the site would qualify as residential housing for the purpose of satisfying Livingston’s fair share obligation. N.J.A.C. 5:93-5.8(a). … COAH has established those criteria, see N.J.AC. 5.93-1.1 to -15.1, and the courts should ordinarily defer to them. Hills Dev.

STATE OF NEW JERSEY VS. DARREN E. RICHARDSON (17-10-0966, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 1, 2020

In that case, the Court considered whether the defendant member of the State Police was entitled to qualified immunity on the plaintiff's claim under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2. … , that right was not clearly established at the time that he acted."

In the Matter of Adoption of Amendments to the Northeast Upper Raritan, Sussex County and Upper Delaware Water quality Management Plans to Establish Total Maximum daily Loads in the Non-Tidal Passaic River Basin And pompton lake/ramapo River Addressing Phosphorus Impairments and to Establish Watershed Criteria

New Jersey Superior Court Appellate Division · May 15, 2014

In her decision, the ALJ summarized the testimony of the seventeen witnesses presented by the parties, all of whom were qualified as experts in their fields. … That deference is clearly applicable in this case.

Groh v. Groh

439 N.J. Super. 186 · New Jersey Superior Court Appellate Division · Mar 12, 2014

While the state did not at that time legalize same-sex marriages, the Act formally established the right *189 of same-sex couples to enter into civil unions, a legislatively created domestic status, which provided certain … The amendment was clearly intended and designed to permit people to end their marriages in a calm and dignified manner without having to engage in hurtful and unproductive mudslinging over who was at fault for the failure

Spialter v. Testa

162 N.J. Super. 421 · New Jersey Superior Court Appellate Division · Jul 3, 1978

established legal rights of tenants or responsibilities of landlords as established by the law of this State at the time the lease is signed. … Defendants qualify. But for the damage clause which the landlord relied upon, the tenants would have had the refund by March 10, 1977.

State v. Rivera

232 N.J. Super. 165 · New Jersey Superior Court Appellate Division · Mar 23, 1989

Compelling evidence was presented which established that defendant stated that he wanted to marry Sanders so he could win the case. … We have examined this contention in light of the record and the controlling legal principles and find it is clearly without merit. See State v. Dunbar, 108 N.J. 80 (1987); State v.

Ward v. Zelikovsky

263 N.J. Super. 497 · New Jersey Superior Court Appellate Division · Apr 13, 1993

The rule there stated was that "[w]henever words clearly `sound to the disreputation' of the plaintiff, there is no need of further proof, they are defamatory on their face and actionable per se." … Meanings of this sort fit comfortably within the immunity for name-calling. ... In daily life "racist" is hurled about so indiscriminately that it is no more than a verbal slap in the face; the target can slap back....

Hendry v. Hendry

339 N.J. Super. 326 · New Jersey Superior Court Appellate Division · Apr 23, 2001

She had no job and no family in North Carolina, but hoped to establish a horse farm. … In fact, Jean's position is that North Carolina is clearly the "home state" and the only state that ought to determine this dispute. We reject this position.

Division of Youth & Family Services v. M.C.

405 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Dec 31, 2008

consultants), prepared from their own first-hand knowledge of the case, at a time reasonably contemporaneous with the facts they relate, and in the usual course of their duties with [DYFS], Reports of this type, prepared by the qualified … Therefore, those documents and the trial judge’s reliance upon them were “clearly capable of producing an unjust result[.]” R. 2:10-2.