Case law
Opinions from 1658 to today.
5,442 results
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399 N.J. Super. 107 · New Jersey Superior Court Appellate Division · Mar 20, 2008
and unmistakably established); Fairfield Leasing Corp. v. … Moreover, our state has had a clear and longstanding public policy favoring the immunization of remedial measures from negative inferences. See Szalontai v.
Cited 0 timesPublishedBarcon Assocs., Inc. v. Tri-County Asphalt Corp.
160 N.J. Super. 559 · New Jersey Superior Court Appellate Division · Jun 26, 1978
In reaching this result the court pointed to contractual language giving each party the broad right (not qualified by any language of limitation) to appoint one arbitrator and to statutory language providing that "If, in … However, the testimony in this case clearly establishes that Babus was a middle-level operational manager (not a general business executive) who, prior to the rendering of the award, did not even know that Tri-County and
Cited 10 timesPublishedJohn Doe v. the Estate of C.V.O., Jr.
New Jersey Superior Court Appellate Division · Oct 12, 2023
Our Supreme Court in W.S. concluded the landmark CVA amendments, as applied to the CSAA, Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, and the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, eliminated the procedural … To establish a negligent infliction of emotional distress claim, "the plaintiff must demonstrate 'severe emotional distress' or 'genuine and substantial emotional distress.'" Innes v. Marzano- Lesnevich, 435 N.J.
Cited 0 timesPublishedMarcos De Oliveira v. Auto Sport of Newark, Corp.
New Jersey Superior Court Appellate Division · Feb 5, 2024
To circumstantially establish a manufacturing defect, the plaintiff must establish the incident: (1) "ordinarily occurs as a result of a product defect" and (2) "was not solely the result of causes other than the product … Div. 1988); see also N.J.R.E. 702 (establishing when expert testimony is permissible and requiring the expert be qualified in his or her respective field).
Cited 0 timesUnpublishedAlbert Anderson v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Jun 29, 2026
examine: (1) whether the agency's decision conforms with relevant law; (2) whether the decision is supported by substantial credible evidence in the record; and (3) whether in applying the law to the facts, the "agency clearly … To establish entitlement to ADRB, an applicant must prove: 1. That [they are] permanently and totally disabled; 2. As a direct result of a traumatic event that is a.
Cited 0 timesUnpublishedSchulmann Realty Group v. Hazlet Township Rent Control Board
290 N.J. Super. 176 · New Jersey Superior Court Appellate Division · Apr 23, 1996
Purchase costs for new equipment not qualifying as a major capital improvement under this section shall be prorated over the useful life of the item. … It is well established that “administrative tribunals possess the inherent power of reconsideration of their judicial acts, except as qualified by statute.” Handlon v.
Cited 6 timesPublishedSchaefer v. Allstate NJ Ins. Co.
376 N.J. Super. 475 · New Jersey Superior Court Appellate Division · Apr 15, 2005
The legislative scheme in N.J.S.A. 17:28-1.6 and -1.7 is directed solely toward providing coverage for bus passengers; clearly plaintiff was not a passenger on defendants' bus. … We also reject USF&G's argument that Sottilare is not entitled to a counsel fee award because she has not yet established her right to a specific amount of MEB.
Cited 5 timesPublishedKorostynski v. GAMING ENFORCEMENT
266 N.J. Super. 549 · New Jersey Superior Court Appellate Division · Jul 29, 1993
Thereafter, the Court concluded that: While we are mindful of the need to maintain the confidential nature of the peer review system, we believe that adoption of the qualified academic freedom privilege would interfere significantly … Clearly, such concerns are relevant to the Division regarding its performance of internal investigations.
Cited 11 timesPublishedKDLi9 LLC v. THE CITY OF JERSEY CITY ZONING BOARD OF ADJUSTMENT
New Jersey Superior Court Appellate Division · Oct 8, 2025
The Board also found plaintiff's proposed use did not qualify as an inherently beneficial use. It stated: 57. … Plaintiff failed to establish the Board's determinations regarding the positive criteria were unreasonable.
Cited 0 timesUnpublished323 N.J. Super. 207 · New Jersey Superior Court Appellate Division · Jun 14, 1999
In the past, when the Legislature intended to authorize an award of attorney’s fees it has expressly and clearly done so. … (c) The Commissioner shall request competitive proposals from among qualified dispute resolution organizations interested in serving as administrator.
Cited 40 timesPublishedFuntown Pier Amusements, Inc. v. Biscayne Ice Cream and Asundries, Inc.
New Jersey Superior Court Appellate Division · Jan 9, 2024
Foreseeability "does not in itself establish the existence of a duty." Id. at 342 (quoting Jerkins, 191 N.J. at 295). … Section 5.02, titled "Service Entrance," clearly defines the equipment for which the customer is responsible: "[w]ith the exception of metering equipment and related facilities furnished by the Company, all of the facilities
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · Feb 11, 2019
However, because the parties agree that the June 2011 injury aggravated the pre-existing injury, Brown needs to establish that the July 2008 jammed-gate incident qualifies under the criteria for accidental disability retirement … This was simply an unexpected fluke, and clearly an undesigned mishap.
Cited 0 timesUnpublished233 N.J. Super. 634 · New Jersey Superior Court Appellate Division · Apr 12, 1989
It is these requirements which the Laffertys so clearly satisfy. Well in advance of May 9, 1988, they decided to live in Bordentown and agreed to purchase their permanent home there. … special or temporary purpose" it was their permanent home, their "ordinary and permanent domicile." *642 CONCLUSION The Laffertys became "residents" of the City of Bordentown prior to May 9, 1988, and Sally Lafferty is qualified
Cited 0 timesPublishedJ.W. v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Jan 12, 2026
Further, the Legislature has clearly extended accidental disability "coverage for mental injuries" to members. Patterson, 194 N.J. at 44. … failed to establish the first incident was "the type of qualifying event envisioned A-0249-24 18 by Patterson
Cited 0 timesUnpublished425 N.J. Super. 196 · New Jersey Superior Court Appellate Division · Dec 6, 2011
Testimony at trial established that Courtney continues to feel pain as a result of injuries sustained in the accident, and that these injuries affect his life on a daily basis. … An award of defendants’ requested costs will clearly constitute an undue hardship.
Cited 0 timesPublished186 N.J. Super. 363 · New Jersey Superior Court Appellate Division · Aug 24, 1982
The Gauit-Ginsberg-Tinker trilogy established a policy that the rights of minors are entitled to protection from infringement by the states. … The constitutional rights of the infant in this case clearly outweigh the interest of the State in fostering rehabilitation of unhealthy marriages.
Cited 1 timesPublished385 N.J. Super. 544 · New Jersey Superior Court Appellate Division · May 23, 2006
This was clearly the case here. … [used] to secure a volatile scene or establish the need for or provide medical care" are nontestimonial).
Cited 0 timesPublished15 N.J. Eq. 367 · New Jersey Superior Court Appellate Division · May 15, 1862
The factum of the will is fully established. The instrument was executed and attested with all the formalities prescribed by the statute. … The facts which have been stated touching the condition and circumstances of the testatrix and her family are clearly established by the evidence. Nor do they seem to be at all controverted.
Cited 2 timesPublished132 N.J. Super. 412 · New Jersey Superior Court Appellate Division · Jan 29, 1975
The fresh complaint testimony was clearly identified as hearsay, the source and circumstances of each statement being specified in the testimony of each witness. … Thus, defendant's approach was improper both in the character traits it sought to establish and in the use of specific instances of conduct to establish these traits.
Cited 42 timesPublished261 N.J. Super. 409 · New Jersey Superior Court Appellate Division · Jan 6, 1993
Although these statements were less detailed, the court determined that their reliability was established by the totality of the circumstances. … Defendant's remaining arguments in which he challenges the fairness of the trial and the jury's verdict are clearly without merit. R. 2:11-3(e)(2).
Cited 0 timesPublished
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