Case law

DEPT. OF LABOR & INDUSTRY v. Union Paving & Constr. Co.

168 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Apr 12, 1979

which such contractor or subcontractor has an interest until 3 years have elapsed from the date of listing as determined in section 14 of this act. [1] [L. 1963, c. 150, § 14] Facially these provisions, which lack such qualifying … As a matter of fact, he found that "petitioner's repeated disregard of the interests of its employees, as shown by its payment of less than the required wage on six public projects, clearly does not evidence a good faith

Chelsea-Wheeler Coal Co. v. Marvin

131 N.J. Eq. 76 · New Jersey Superior Court Appellate Division · Jan 20, 1942

Marvin qualified as executrix under the will of her father; that at the time of his death he was indebted to complainant, as well as to others; that Mrs. … From what has been said, it clearly appears that we are not dealing with a situation wherein a trust has been created.

DeSoto v. Smith

383 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Mar 1, 2006

A "[c]ourt will invalidate a statute only if it is clearly repugnant to the Constitution." GMC v. City of Linden, 150 N.J. 522, 532 , 696 A. 2d 683 (1997). … otherwise provided by law, if a vacancy occurs in the office of mayor, by reason of death, resignation or otherwise, the presiding officer of the governing body shall become the acting mayor until a successor is elected and qualified

MIRIAM L. CHICAS VS. TOWN OF KEARNY JOSE A. MARTINEZ VS. TOWN OF KEARNY (L-2516-15 AND L-4785-15, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 10, 2019

The burden of proof rests on the public entity to establish immunity. Caicedo, 439 N.J. Super. at 623 (quoting Kain, 436 N.J. Super. at 473). … "An error is harmful only where that error is 'clearly capable of producing an unjust result.'" Ibid. (quoting R. 2:10-2).

Leonor Alcantara v. Angelica Allen-Mcmillan

New Jersey Superior Court Appellate Division · Sep 8, 2025

express or implied legislative policies—i.e. the law; (2) whether the record contains substantial evidence to support the agency's findings; and (3) whether the agency clearly … Indeed, the vast record shows Lakewood has received all the SFRA funding that it has qualified for.

In Re Issuance of Access Con. Lot

417 N.J. Super. 115 · New Jersey Superior Court Appellate Division · Dec 9, 2010

The APA establishes two different types of procedural rights in a permit decision, depending on the nature of a party's interest. … In this case, the neighboring homeowners clearly were "interested persons" and had a right to protest the issuance of a permit to fill wetlands on [the applicant's] property. [ 185 N.J. at 463 , 888 A. 2d 441 .]

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

436 N.J. Super. 497 · New Jersey Superior Court Appellate Division · Apr 24, 2014

The judge examined the documents, entered them into evidence, and concluded they showed “clearly that the drugs and the money were related to each other.” … The order is clearly interlocutory because it only denied Baker’s motion and did not enter final judgment in favor of the State.

STATE OF NEW JERSEY VS. LUIS R. GARCIA (13-01-0043, CAPE MAY COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 8, 2019

offender to an extended term of thirty-five years imprisonment, subject to NERA, for armed robbery, to be served concurrent with a 1 They subsequently testified to those statements at trial without the State providing immunity … All convictions were upheld, but we reversed the sentences and remanded for resentencing because the judge, contrary to well-established precedent, imposed two extended terms of imprisonment on each defendant.

A.D. v. Essex County Department of Family Services

New Jersey Superior Court Appellate Division · May 5, 2025

Assistance & Health Servs., Medicaid Commc'n No. 14-15, Qualified Income Trust (2014). … It follows that a QIT should have been in place for petitioner to qualify for Medicaid.

In re Winston

438 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Oct 31, 2014

Both of Winston’s New York convictions qualify as crimes under our law as each carries a sentence in excess of six months. N.J.S.A 2C:44-4c; State (E.L.) v. … A review of these New York authorities plainly establishes that a New York certificate of relief from disabilities does not alter or affect the criminal conviction to which it relates.

State v. Harold

183 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Mar 26, 1982

The trial judge found her qualified to testify and she identified defendant as the person who entered her bedroom window and sexually attacked her. … Clearly the judge made no such ruling.

Jeffrey S. Feld, Esq. v. the Township of Millburn

New Jersey Superior Court Appellate Division · Aug 28, 2025

Municipal ordinances are presumed valid, and the presumption of validity may not be overcome unless the ordinance is "clearly arbitrary, capricious or unreasonable." Berardo v. City of Jersey City, 476 N.J. … The record unequivocally established plaintiff spoke at both meetings.

State of New Jersey v. Mark C. Sheppard

437 N.J. Super. 171 · New Jersey Superior Court Appellate Division · Sep 3, 2014

s testimony unless he found "the prejudice clearly outweighs the motivational evidence or motive evidence." … the court did not apply the correct standard when it made its admissibility determination under the fourth prong.5 5 We note that defendant's anti-Hispanic statements to J.M. do not qualify

Warthen v. Toms River Community Mem. Hosp.

199 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Feb 14, 1985

What constitutes a qualifying mandate is a fact question.... [at 157]. … Seldom does a single clause of a statute establish public policy; policy is discovered from study of the whole statute, or even a group of statutes in pari materia. [at 240-241].

Edgewater Park v. Edgewater Park Housing Auth.

187 N.J. Super. 588 · New Jersey Superior Court Appellate Division · Oct 30, 1982

Clearly, it did not matter to the governing body whether the Authority was to operate with six or with seven members. Its intention was to comply with the statutory mandate. … N.J.S.A. 55:14A-6 provides, in part, as follows: *600 All commissioners shall hold office until their successors have been appointed and have qualified.

Don Tiger v. New Jersey Racing Commission

New Jersey Superior Court Appellate Division · Jul 2, 2024

Koch was required to or should have recused himself" on the day of the race. 8 The Executive Director noted "the OAL record d[id] not establish that . . . … [because a]ll material and relevant facts [we]re documented clearly and obviously on the video recordings of the race."

Lubliner v. Bd. of Alcoholic Bev. Con., Paterson

59 N.J. Super. 419 · New Jersey Superior Court Appellate Division · Feb 4, 1960

No real public need for a license at the new premises has been established. … Administrative agencies are by far the best qualified to develop their own res judicata practices out of intimate acquaintance with their individual problems.

Manahawkin v. O'Neill

426 N.J. Super. 143 · New Jersey Superior Court Appellate Division · May 31, 2012

Defendant countered that the language of the Admission Agreement and the Residents Rights form clearly state that a nursing home is not permitted to require a third-party guarantee of payment. … In DiCarlo , the plaintiff patient was indigent, had no health insurance and did not qualify for Medicare or Medicaid.

Porreca v. City of Millville

419 N.J. Super. 212 · New Jersey Superior Court Appellate Division · Jan 24, 2011

Here, the trial court summarily found Henderson "factually and substantively" distinguishable without describing its holding or clearly identifying the basis for this conclusion. … The employer did not dispute that the plaintiff qualified as a prevailing party but argued the settlement agreement was a "global agreement" extinguishing all of the plaintiff's claims against it, including a claim for attorney's

State v. Ciba-Geigy Corp.

247 N.J. Super. 314 · New Jersey Superior Court Appellate Division · Apr 10, 1991

Before us, defendant argues that it seeks an order only with respect to "interrogation of CIBA-GEIGY employees whose acts or omissions the State sought to impute to CIBA-GEIGY for the purpose of establishing corporate criminal … Moreover, most criminal cases filed against a *326 corporation are commenced by complaint or indictment after investigation — corporations do not generally commit "street crimes" — and by then the investigation clearly should