Case law

Litt v. Rutherford Rent Bd.

196 N.J. Super. 456 · New Jersey Superior Court Appellate Division · Jul 12, 1984

In adopting the Protected Tenancy Act in 1981 the Legislature found that: ... the forced eviction and relocation of elderly persons from their established homes and communities harm the mental and physical health of these … The Legislature further declares that ... qualified senior citizen tenants and disabled tenants be accorded a period of protected tenancy, during which they shall be entitled to the fair enjoyment of the dwelling unit within

State v. Denmon

347 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Feb 6, 2002

This statute provides that a sentencing court may impose an extended term on individuals who qualify as persistent offenders. … Defendant's remaining contentions related to the State's failure to disclose evidence, the substitution of a juror, and the receipt of ineffective assistance of counsel are clearly without merit and do not require extended

QUERESHI v. Cintas Corp.

413 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 28, 2010

The use in the same phrase of the mandatory "shall" and the word "plus" without any qualifying language plainly signals that the Legislature intended an eligible petitioner to receive not only the statutory penalty but also … In Rendine and Szczepanski , the Court established a fee methodology in fee-shifting cases, such as Law Against Discrimination and Consumer Fraud Act cases, and constructed an analytical framework to recognize not only the

Hartman v. Yawger

212 N.J. Super. 187 · New Jersey Superior Court Appellate Division · May 7, 1986

No reported decision clearly delineates whether such hearsay evidence is admissible under Evid.R. 56 or its federal counterpart Fed.R.Evid. 703. *189 Plaintiff, Norma Hartman, lived in Somerset County from 1970 through 1983 … His opinion was predicated on the level of porosity and impurities present in the clevis established by two metallurgists, neither of whom testified at trial.

Elizabeth Gnall v. James Gnall

432 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Aug 8, 2013

Stein opined plaintiff was "very qualified" for and would be "best suited" to continue as a computer programmer or computer software engineer because she had a "very high level of training." … The court must clearly set forth factual findings and legal conclusions for the benefit of the parties and to aid appellate review.

STATE OF NEW JERSEY VS. COREY PICKETT (17-07-0470, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 3, 2021

These case studies illustrate that software is not immune from error. Fundamental due process and fairness demand access. … The judge qualified Dr. Perlin as an expert in "the fields of DNA Evidence, Interpretation, and Likelihood Ratio."

Matthew J. Platkin, Etc. v. Owusu A. Kizito

New Jersey Superior Court Appellate Division · May 7, 2025

The court made detailed findings based on the comprehensive record established during the hearing. … The securities were neither registered with the Bureau and exempt from registration, nor federally qualified.

Rocci v. MacDonald-Cartier

323 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Jul 6, 1999

The need for proof of damages to establish a defamation claim was also explained by Judge Skillman in his dissent in Ward v. … I believe the majority opinion misapplies some well established principles governing the law of defamation, and therefore I dissent.

Edgerton v. Edgerton

203 N.J. Super. 160 · New Jersey Superior Court Appellate Division · Apr 17, 1985

The agreement is not immune from judicial modification or supervision merely because it has been incorporated into a final judgment. … There is great difficulty *175 establishing any precise figures because of the wide range of values attempted to be attributed to the Missouri property.

State of New Jersey v. Two Thousand Two Hundred Ninety-Three Dollars ($2,293) in United States Currency

New Jersey Superior Court Appellate Division · Jul 17, 2014

The State argues that Baker's presence at the motion was not mandatory, because he had only a qualified right to be present at any trial on the forfeiture complaint. … The judge never 14 A-4929-11T3 determined whether this was sufficient to establish that the monies were "used [in] or

State of New Jersey v. Ismael Lorenzo

New Jersey Superior Court Appellate Division · Jul 2, 2024

For the defendant to establish a medical necessity for the legal possession of marijuana, he must present evidence that he is a qualified patient in New Jersey for the issuance of a … We will only reverse if the error "is of such a nature as to have been clearly capable of producing an unjust result." R. 2:10-2.

Combs v. Board of Review

269 N.J. Super. 616 · New Jersey Superior Court Appellate Division · Jan 21, 1994

The claimant normally has the burden of establishing entitlement to unemployment compensation. Rider College v. … Here the record was established exclusively through the claimant. She testified that after Ms.

Red Bank Register, Inc. v. Board of Educ.

206 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Nov 20, 1985

The curriculum reports are clearly not public records within the Right to Know Law. … Thus we have no occasion to comment on whether a public agency could withhold documents otherwise qualifying as common law public records on the ground it had acted unlawfully in having the documents prepared.

State, in Interest of Dg

174 N.J. Super. 243 · New Jersey Superior Court Appellate Division · May 19, 1980

question as to whether the records should be turned over if petitioner actually sought counseling from Catholic Services, the DYFS caseworker and MHS' representative indicated that they were concerned that D.G. had already established … Indeed, the only item petitioner seeks which would qualify as a court record is a report *249 prepared by DYFS at the court's request, which was filed with the court, thereby becoming a court record.

ANGELA PRESTOL VS. HENPAL REALTY ASSOCIATES, LLC (L-3643-17, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 23, 2021

[and] was nothing more than a 'minor imperfection' that clearly did not create a 'substantial' risk of injury." … First, plaintiffs failed to present competent evidence to establish the length of time the pothole existed. The Google Maps photographs, most of which are undated, do not clearly identify the pothole.

State v. Bishop

429 N.J. Super. 533 · New Jersey Superior Court Appellate Division · Feb 27, 2013

The legislation that followed created special probation, as distinguished from, regular probation, and established the new resen-tencing provision applicable upon revocation of special probation. … The plea agreement in these cases must clearly indicate that the defendant has been given an alternative offer and must set forth the state prison sentence that was being offered as the alternative to the drag court program

Rolnick v. Rolnick

262 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Feb 18, 1993

Moreover, all issues of law raised are clearly without merit. R. 2:11-3(e)(1)(A) and (E). … Moreover: It is also an established rule of equity that a defendant cannot have the benefit of the defense of laches when his own actions have created the inequity.

Asbury Park Press v. LAKEWOOD POLICE DEPT.

354 N.J. Super. 146 · New Jersey Superior Court Appellate Division · Apr 2, 2002

The underlying principles regarding the statutory and common law right to know are well established. … Clearly, the records involved in this case are made, maintained or kept either by the Township or the County.

State v. BH

290 N.J. Super. 588 · New Jersey Superior Court Appellate Division · May 15, 1996

clearly intended. … It might even be motivated by an attempt to cause annoyance or alarm, but I think it would be immune from prosecution, but the utilization of a ripped up order clearly indicates to me that this was a communication likely

Wright v. Renehan

10 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Jan 5, 1950

At the time of the establishment of this trust, the life tenant, Mary Pitman, daughter of the settlor, was 32 years of age and then the mother of one child, Aroline Pitman, now Wright. … by appropriate proceedings and a trustee qualified to make good title.