Case law
Opinions from 1658 to today.
5,442 results
1.07s
281 N.J. Super. 63 · New Jersey Superior Court Appellate Division · Apr 17, 1995
She acted friendly and appeared to enjoy the activities taking place in the retail establishment. … The maternal grandmother qualified as such an interested person and had standing to bring this action to have her granddaughter returned to her.
Cited 0 timesPublished35 N.J. Super. 479 · New Jersey Superior Court Appellate Division · May 20, 1955
The more liberal view of what is a "public use" leads us to the conclusion that the proposed parking area is clearly for the public benefit, to the public advantage, and has public utility. … Defendants make the subsidiary argument that County Engineer Colwell and Newark Traffic Engineer Cyr, whose affidavits are mentioned in the early part of this opinion, were not qualified as experts and that defendants were
Cited 16 timesPublishedNew Jersey Superior Court Appellate Division · Nov 16, 2020
As a result, the agency determined that G.S. no longer qualified for ACA Medicaid. … also meet quality and performance standards established under this section.
Cited 0 timesUnpublished436 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Jun 26, 2013
The three accounts shall be established within thirty-five days. … The existence of Rutgers as a continuing option, however, clearly remains viable as an affordable university where C.B. has already established success as a freshman.
Cited 6 timesPublished371 N.J. Super. 13 · New Jersey Superior Court Appellate Division · Jul 8, 2004
However, he qualified it by adding that such a benefits transfer method would have yielded only a "starting point," because any transfer has error associated with it. … In some circumstances, an econometric model may be used to establish injury on a class-wide basis once the proofs have established that all class members have suffered actual damage.
Cited 34 timesPublishedNature's Touch Med Nj, LLC v. City of Hoboken
New Jersey Superior Court Appellate Division · Dec 30, 2025
The TC Act waives the State's sovereign immunity subject to certain requirements and limitations. … Plaintiff's complaint does not clearly identify a tort cause of action.
Cited 0 timesUnpublishedWilliam Fulmore v. City of Englewood
New Jersey Superior Court Appellate Division · Aug 30, 2024
While DPW employees are not classified as administrative or law enforcement, they clearly fall within the category of public safety, and are therefore considered essential employees during states of emergency … Plaintiff has not established a prima facie claim under CEPA because he has not suffered an adverse employment action.
Cited 0 timesUnpublished214 N.J. Super. 278 · New Jersey Superior Court Appellate Division · Dec 16, 1986
POINT II The sentencing court clearly abused its discretion by imposing a manifestly excessive sentence. … Evid.R. 56(2) permits a qualified expert to give his opinion based upon facts or data which themselves may not be admissible.
Reversed on other grounds by State v. D.R., 109 N.J. 348 (1988)Cited 7 timesPublishedBeach Haven Automotive, Inc. v. Borough of Beach Haven
New Jersey Superior Court Appellate Division · Jun 2, 2025
After hearing the parties' arguments but no testimony, the trial court ruled that defendants had not met their burden of establishing, by substantial evidence, that the property qualified under either N.J.S.A. 40A:12A- … ; or any process of manufacture or treatment which is not clearly incidental to the retail business conducted on the premises
Cited 0 timesUnpublished337 N.J. Super. 600 · New Jersey Superior Court Appellate Division · Mar 13, 2001
The Public Guardian opposed Summit’s appointment on the basis that Summit was not as qualified as the Public Guardian in the provision of adult protective services. … A review of the legislative history clearly shows that the Legislature, in enacting the Public Guardian for Elderly Adults Act, N.J.S.A. 52.-27G-20 to -31, never intended to sanction the conduct now espoused by the Public
Cited 0 timesPublished330 N.J. Super. 424 · New Jersey Superior Court Appellate Division · Apr 24, 2000
to establish the commission of the offense charged." … Therein we stated: It is now well established that burglary is complete upon entry with purpose of committing an offense. See State v.
Cited 17 timesPublished248 N.J. Super. 540 · New Jersey Superior Court Appellate Division · May 30, 1991
As an engineer with substantial credentials, Bradford was clearly qualified to testify as an expert on alternative, practical safer designs, particularly since he had an extensive background in the development of safety performance … Plaintiff's arguments in the cross-appeal clearly lack merit. R. 2:11-3(e)(1)(E).
Cited 32 timesPublishedGauntt v. MAYOR & COUNCIL OF CITY OF BRIDGETON
194 N.J. Super. 468 · New Jersey Superior Court Appellate Division · Jun 20, 1984
It appears that plaintiff had only a qualified authority to determine the internal organization of the department at that time in that Ordinance No. 71-10, then controlling, provided that such authority was "under direction … Although it may have been proper for Maurer to have formulated a "policy" of having officers address neighborhood crime watch groups in various communities, he clearly interfered with plaintiff's duties as chief of police
Overruled in part by Falcone v. De Furia, 103 N.J. 219 (1986)Cited 16 timesPublishedNew Jersey Division of Youth & Family Services v. D.P.
422 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Nov 3, 2011
Again, in light of the action initiated by the Law Guardian, the issue of the foster parents’ standing was not reached. *599 These authorities inform our review as they clearly direct our attention to the Act as governing … Accordingly, “a relationship based on payment by the legal parent to the third party [like a paid nanny or babysitter] will not qualify.” Ibid.
Cited 12 timesPublishedMortgage Grader, Inc. v. Ward & Olivo, L.L.P., and John Olivo, Esq., and John Ward, Esq.
438 N.J. Super. 202 · New Jersey Superior Court Appellate Division · Nov 14, 2014
Ward and Olivo established defendant Ward & Olivo, L.L.P., ("W&O"), a law firm engaged in the practice of intellectual property law. … MG did not provide Ward with an AOM within 120 days pursuant to N.J.S.A. 2A:53A-27 (establishing deadlines for service of an AOM).
Cited 11 timesPublishedSTATE EX REL. BOARD OF COMMR'S v. Wor-TV Tower
39 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Mar 23, 1956
They have a public as well as a private aspect, and it is on this account that the immunity in question belongs to them. * * * It would seem quite irrational to say that the making of the track is an act done so far in behalf … Clearly the plaintiffs have not established that the tower constitutes a nuisance by reason of the precipitation of snow and ice from it.
Cited 3 timesPublishedNew Jersey Superior Court Appellate Division · Aug 11, 2020
However, if a proper foundation establishes the officer's specialized experience and training on the matter, and there is enough evidence to qualify the officer as an expert, any error in failing to qualify the officer … However, the record contains detailed testimony establishing the officer's specialized experience and training on the matters about which he testified to qualify him as an expert.
Cited 0 timesUnpublished57 N.J. Super. 244 · New Jersey Superior Court Appellate Division · Sep 28, 1959
The evidence establishes that both Johnson's and Chandler's ballots reflected such choice. There was an honest, good-faith attempt on the part of these two elderly men to vote absentee. … policy was unequivocally adopted and applied in the Wene case, where the court said: "* * * while protective legislation measures are to be enforced according to their spirit, a construction that would nullify votes cast by qualified
Cited 9 timesPublishedNew Jersey Builders Ass'n. v. Department of Environmental Protection
169 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Jun 12, 1979
In other words, the finding of the Commissioner of DEP of a need of establishment of standards for water quality and septic systems control is clearly supported by ample credible evidence in the record. … The testimony of John Murphy of the United States Geological Survey, a qualified expert with relation to the ground water of the Central Pine Barrens, demonstrated the adequacy of DEP’s data for ground water quality.
Cited 16 timesPublishedSTATE OF NEW JERSEY VS. KYLE P. BROWN (16-10-1680, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 10, 2020
A-3588-17T4 4 of discretion; (3) denial of defendant's motion for a new trial because there was no showing of a clearly … There is no evidence of legislative intent to exclude the factual scenario in this case – a car with gasoline in its tank set on fire and bursting into a fireball – from qualifying as an explosion.
Cited 0 timesPublished
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