Case law

Abramowitz v. Kimmelman

203 N.J. Super. 118 · New Jersey Superior Court Appellate Division · Jul 26, 1985

Virginia State Bd. of Elections, 383 U.S. 663 , 86 S.Ct. 1079 , 16 L.Ed. 2d 169 (1966), in which it invalidated Virginia's statute imposing a poll tax in state elections because it drew lines qualifying the right to vote … We think that Kramer and similar cases are clearly distinguishable from the case before us.

Mabee v. Borden, Inc.

316 N.J. Super. 218 · New Jersey Superior Court Appellate Division · Jun 2, 1998

I am also satisfied that plaintiff need only establish that "some" employee would be injured and not that a deliberate intent be made by the employer to harm the particular plaintiff herself. … Under its two factor analysis of "deliberate intent to injure," the Court acknowledged that the employer's conduct in knowingly exposing the plaintiffs to asbestos clearly amounted to deliberately taking risks with the employee's

Waters v. Township of Galloway

286 N.J. Super. 222 · New Jersey Superior Court Appellate Division · Dec 27, 1995

The trial court ruled the Board of Adjustment's determination immune from attack. … The ordinance also established the process for preliminary and final site plan review. See N.J.S.A. 40:55D-46, -50.

In re Prudential Insurance

282 N.J. Super. 256 · New Jersey Superior Court Appellate Division · Feb 10, 1995

Clearly, the codification of the particularity requirement in R. 4:36-2 was meant to halt abuses by insuring that shareholder plaintiffs use the courts as a last resort to bring about desired change. … Qualified voters include "every policyholder who is 18 years of age or more and whose policy has been in force for at least 1 year." N.J.S.A. 17B;18-23.

City of Wildwood v. DEMARZO

412 N.J. Super. 105 · New Jersey Superior Court Appellate Division · Feb 22, 2010

These were to centralize municipal powers in the board of commissioners, a governing body to be composed of qualified men divorced from partisan obligations, and to provide economical government. … These departments compartmentalize municipal authority by establishing jurisdictional limits and areas of responsibility.

State Ex Rel. Dept. of Health v. NORTH JERSEY DIST. WATER SUPPLY COMM.

127 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Mar 8, 1974

Abplanalp, a highly qualified expert associated with the engineering firm which had been retained by Passaic Valley and whose report was ultimately approved by North Jersey and the Department, concluded that the best location … It is to be emphasised that the proposed filtration plant is clearly not a new water supply project, for which a new contract might arguably be necessary.

State in Interest of JLA

262 N.J. Super. 78 · New Jersey Superior Court Appellate Division · Feb 24, 1993

s brief are clearly without merit. R. 2:11-3(e)(2). *80 However, we agree with J.L.A. that consecutive dispositions are unauthorized by the Code of Juvenile Justice. N.J.S.A. 2A:4A-20 to -91. … a period not to exceed 3 years upon such written conditions as the court deems will aid rehabilitation of the juvenile; (4) Transfer custody of the juvenile to any relative or other person determined by the court to be qualified

Rachel Kasuch v. County of Middlesex

New Jersey Superior Court Appellate Division · Apr 20, 2026

Plaintiff did not produce evidence establishing she filed the NOC with the State or defendant. … The TCA modifies the doctrine of sovereign immunity and establishes the parameters within which an injured party may recover for the tortious acts of public entities and employees. Feinberg v.

Harpell v. Pub. Service Coordinated Transport

35 N.J. Super. 354 · New Jersey Superior Court Appellate Division · May 12, 1955

Defendant may not, therefore, find immunization by mere showing of adherence to standards not here pertinent. Yet special conditions or problems may raise corresponding duties, even from common carriers. Rourke v. … Had objection here been made at the time of the charge the trial court would have had the opportunity to make its instruction in this respect comport with its references to the safety glass and to the screens, where it clearly

In Re In-Progress Trace Wire Communication

138 N.J. Super. 404 · New Jersey Superior Court Appellate Division · Dec 26, 1975

Said carrier shall be immune from civil liability for any assistance rendered to the applicant pursuant to this section. … However, *415 when a trace is combined with a tap the purpose of doing so is to establish the identity of the speakers, as well as the location of the traced telephone.

Parking Authority v. Board of Chosen Freeholders

180 N.J. Super. 282 · New Jersey Superior Court Appellate Division · Jun 24, 1981

Plaintiff herein has the burden of clearly establishing beyond a reasonable doubt the unconstitutionality of the County Transportation Authorities Act. Id. at 597 . … Such law shall become operative only if it is adopted by ordinance of the governing body of the municipality or county or by vote of the legally qualified voters thereof.

DCPP VS. M.S. AND T.C., IN THE MATTER OF THE GUARDIANSHIP OF A.C. (FG-09-0240-19, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Mar 25, 2021

The record must also establish "the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). … The record clearly established M.S. is unable to care for Amy's special needs, even though they have lessened.

State v. Wormley

305 N.J. Super. 57 · New Jersey Superior Court Appellate Division · Oct 22, 1997

THE COURT ERRED IN FINDING THAT DEFENDANT’S 1987 CONVICTION FOR ARMED ROBBERY QUALIFIED HIM AS A SECOND GRAVES ACT OFFENDER WHICH WARRANTED THE IMPOSITION OF AN EXTENDED TERM. … “The manner and the way of his testifying clearly made his testimony most credible.” Based upon this assessment of Nelson’s credibility, the judge precluded any cross-examination of Nelson concerning his drug use.

Rutgers University Student Assembly (Rusa) v. Middlesex County Board of Elections

438 N.J. Super. 93 · New Jersey Superior Court Appellate Division · Nov 19, 2014

If the individual was found qualified to vote, the provisional ballot would be counted as soon as the SVRS review process was completed. … Rather, the trial court must state clearly its factual findings and correlate them with the relevant legal conclusions. [Curtis v.

Fox v. Morris County Policemen's Ass'n

266 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Jul 28, 1993

award involving the corrections officers as having "enormous importance in this case" and expressed his unwillingness to select the public employer's last offer because to do so would, in his words, "undo that salary scale established … According to the Sheriff and the public-entity oriented amici, these documents would have facilitated calculation of the Sheriff's offer for 1992, thus qualifying as pertinent and material evidence.

Local Bd. of Health of Berkeley Tp. v. Johnson

73 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Apr 5, 1962

Borough of Stratford, 15 N.J. 295 (1954), is clearly distinguishable. … The action of the board, in adopting a plumbing code, was lawful in its intended purpose to delimit the plumbing business in the municipality to experienced and competent persons qualified to perform plumbing work and to

Lloyd v. Vermeulen

40 N.J. Super. 151 · New Jersey Superior Court Appellate Division · May 31, 1956

I find them to be as follows: At the general election held November 4, 1947, the qualified voters of this State adopted a new constitution known as the Constitution of 1947. … Finally, defendant contends that the plaintiff is seeking relief by a suit in lieu of the former prerogative writ of mandamus, and that to succeed the plaintiff must establish clearly and convincingly his title to the office

Arace v. Irvington

75 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Jun 20, 1962

The second count seeks to establish that the adoption of the resolution for the emergency appropriation of funds to finance the investigation was an ultra vires act and therefore null and void. … Their duties are imposed by law, and clearly defined by statute. In the discharge of those duties they are not subject to the direction or control of the municipality.

State v. Fortin

400 N.J. Super. 434 · New Jersey Superior Court Appellate Division · Jun 4, 2008

The sentence maximum is clearly less onerous than the former maximum sentence. … The State advises us, without dispute, that "[t]he facts established during the capital retrial were the same" as those established at the first trial.

Debra Dugan v. Tgi Fridays, Inc.

445 N.J. Super. 59 · New Jersey Superior Court Appellate Division · Mar 24, 2016

prospective consumer or enter into any written consumer contract . . . or display any written . . . notice or sign . . . which includes any provision that violates any clearly … We found that the omission of prices from TGIF's menu qualified as an "affirmative 23 A-3485-14T3 act" under the TCCWNA because that