Case law

In Re Applications of North Jersey Dist. Water Supply Com'n

175 N.J. Super. 167 · New Jersey Superior Court Appellate Division · Jun 30, 1980

Hackensack Water Co., 48 N.J. 302, 310-311 (1966): "... the Water Council and its agents have developed a singular expertise and are unusually qualified to pass judgment on such subject." … Clearly, the Commissioner may use his discretion in deciding whether or not to hold a hearing.

State v. Rolon

400 N.J. Super. 608 · New Jersey Superior Court Appellate Division · Jun 20, 2008

POINT III THE INCONSISTENT VERDICTS ON THE TWO COUNTS OF FIRST[-]DEGREE ROBBERY AND POSSESSION OF A WEAPON FOR AN UNLAWFUL PURPOSE CLEARLY DEMONSTRATE THAT THE *737 JURY WAS MISLED BY THE JUDGE'S ERRORS IN THE INSTRUCTIONS … You must determine if this object qualifies as a deadly weapon and if the State has proven beyond a reasonable doubt that the defendant was in the course of committing a robbery.

Associated East Mortgage Co. v. Young

163 N.J. Super. 315 · New Jersey Superior Court Appellate Division · Oct 24, 1978

According to the provisions of the Housing Act of 1949, a mortgagee who is approved by the Secretary of HUD (Secretary) as qualified to service the mortgage properly, could foreclose in case of default, take possession of … A review of the facts here clearly discloses that many of the servicing procedures in the C.F.R. for HUD mortgages in default were not followed by Associated.

In Re Pistor

53 N.J. Super. 139 · New Jersey Superior Court Appellate Division · Dec 12, 1958

It qualified and has acted in that capacity since. Decedent's daughter, Pauline Sainsbury, died in 1944. She had two children, Pauline Purviance, who died in 1915 without issue, and Noel E. … "The pattern of her testamentary dispositions prior thereto and commencing with the original will," said the court, "clearly evinces this intention."

State v. Gomez

430 N.J. Super. 175 · New Jersey Superior Court Appellate Division · Apr 5, 2013

The Supreme Court again observed, “[i]nherent in the trial court’s discretion to qualify a witness as competent is the power to have the individual submit to psychiatric or psychological evaluation.” … The legislation established “specific rights” to enhance and protect the “participation and cooperation of crime victims” in the criminal justice system. N.J.S.A. 52:4B-35.

Anzalone v. Westech Gear Corp.

271 N.J. Super. 522 · New Jersey Superior Court Appellate Division · Mar 25, 1994

The specifications clearly provide that the ram tensioner subject to development was to be free standing, base mounted structure which could be placed anywhere upon a ship's deck. * * * * * * * * *528 [T]he specifications … More importantly, WesTech cannot be accorded immunity here based upon the government contractor defense because it could have fulfilled both its contractual obligation to the government and a state-prescribed duty of care

JOAO ROCHA VS. STATE OF NEW JERSEY (L-3348-13, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 2, 2017

State, 129 N.J. 341, 347 (1992) (recognizing that immunity is the dominant consideration of the Act). "The public entity bears the burden of proof for establishing immunity." Kain, supra, 436 N.J. … Regardless of the alleged incompleteness of the motion judge's oral analysis, we are satisfied that the motion record and 16 A-0616-15T1 the governing case law clearly

Hitesman v. Bridgeway Inc.

430 N.J. Super. 198 · New Jersey Superior Court Appellate Division · Mar 22, 2013

Neither the Code of Conduct nor the Statement of Residents’ Rights qualify as “any law or any rule, regulation or declaratory ruling adopted pursuant to law or any professional code of ethics.” N.J.S.A. 34:19—2(f). … More important, the ANA Code of Ethics establishes no standard regarding the patient care Bridgeway was required to provide to its patients.

State v. Wright

132 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Aug 7, 1974

Lewis Krafchik, an admittedly well-qualified pediatrician, testified that an infant could survive on milk and indeed thrive on it up to about eight or nine months of age and that anyone could tell that a child who weighed … Additionally, we are satisfied that whatever relevance and probative force Karen's condition had, it was clearly outweighed by the inflammatory prejudice to defendant here. Evid. R. 4.

Michelman v. Ehrlich

311 N.J. Super. 57 · New Jersey Superior Court Appellate Division · May 6, 1998

Rather, “[t]o establish liability, the plaintiff *68 must demonstrate that the defendant owes him a duty of care.” Ibid, (citing Weinberg, supra; Kelly, supra; Leon Green, Duties, Risks, Causation Doctrines, 41 Tex. … Clearly, in cases of this nature, the line drawn for bringing a cause of action for ‘^wrongful birth” is whether the complaining party demonstrates a “direct injury to their own independent rights.” Ibid.; cf. Frame v.

DR Horton, Inc. v. JJ DeLUCA CO.

410 N.J. Super. 357 · New Jersey Superior Court Appellate Division · Oct 6, 2008

If they are unable to agree, the Association shall directly appoint a single arbitrator for the limited purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and … The equities clearly favor the defendant. Finally, the court has considered the public interest.

M. v. K.

186 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Aug 24, 1982

It is clear to this court that the foundation for including the privilege in the act was the Legislature's belief that the privilege would encourage parties to a troubled marriage to seek qualified help, knowing that whatever … The constitutional rights of the infant in this case clearly outweigh the interest of the State in fostering rehabilitation of unhealthy marriages.

Madelyne Figueredo v. Township of Union

New Jersey Superior Court Appellate Division · Sep 26, 2024

A-2749-22 5 pothole in the picture, plaintiff stated, "[n]o[,] but there are several cracks, I could clearly see them." … The Township clearly maintains control of the common area of the subject parking lot. Thus, NATC does not owe a duty to plaintiff here.

State v. Sachs

69 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Oct 24, 1961

The testimony referred to was clearly improper. … In the absence of an available objection there exists no basis for appellate review unless the challenged action qualifies as plain error.

State v. Lavary

152 N.J. Super. 413 · New Jersey Superior Court Appellate Division · Jul 29, 1977

Div. 1974), held that the presence of an unindicted coconspirator who had testified under a grant of immunity was sufficient to sustain a conviction for conspiracy against a coconspirator. … Mazzone was an undercover agent should in no way negate defendant's clearly manifested intent to commit a criminal act. State v. Moretti, supra at 190.

In re G.H.

455 N.J. Super. 515 · New Jersey Superior Court Appellate Division · Aug 6, 2018

The Doe Court concluded the legislation was "clearly and totally remedial in purpose" and "designed simply and solely to enable the public to protect itself from the danger posed by sex offenders." … We therefore reverse the orders under review and remand the matters to the respective trial courts, which shall conduct hearings on whether appellants currently qualify for the relief provided by subsection (f).

State v. Kennedy

247 N.J. Super. 21 · New Jersey Superior Court Appellate Division · Mar 25, 1991

Acknowledging that the Act applies only to "records which are required by law to be made, maintained or kept on file," N.J.S.A. 47:1A-2, the ACLU argues that State Police logs qualify as public records because they contain … Our thorough review of the record convinces us that these arguments clearly lack merit. R. 2:11-3(e)(2). Defendants were found guilty on overwhelming evidence.

State v. Renshaw

390 N.J. Super. 456 · New Jersey Superior Court Appellate Division · Feb 9, 2007

The Court held that the defendant's right of confrontation was violated by the admission of the laboratory certificate, which clearly was hearsay, regardless of whether its preparer had complied with the statute or not. … Id. at 927 . [7] *1088 In the instant case, the preparation of the Uniform Certification for Bodily Specimens Taken in a Medically Acceptable Manner could not qualify for admission under the business record exception to the

NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES VS. L.O. (DIVISION OF CHILD PROTECTION AND PERMANENCY) (RECORD IMPOUNDED)

460 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 17, 2019

Her pattern of overreacting in times of stress may qualify her for a diagnosis of histrionic personality disorder. … Div. 1998), or "established," N.J. Div. of Child Prot. & Permanency v. V.E., 448 N.J. Super. 374, 401-02 (App.

Bromfeld v. Harleysville Insurance Companies

298 N.J. Super. 62 · New Jersey Superior Court Appellate Division · Feb 27, 1997

The Code and statute read together clearly do not anticipate such submission and resubmission ad infinitum. … The soil pressure which itself had been caused by the movement of water over fifty feet from the house (as McNaughton claims) should not, however, constitute “water damage” within the policy exclusions, nor can it be qualified