Case law

Kligman v. Lautman

98 N.J. Super. 344 · New Jersey Superior Court Appellate Division · Dec 22, 1967

statutory precondition of municipal approval of such streets should logically extend to approval of such private streets, and that if the streets for any reason are so constructed, located or otherwise constituted as not to qualify … This is clearly repugnant to general practices in residential development.

State v. JS

222 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Jan 15, 1988

In response to the prosecutor's inquiry it was developed that C. furnished "yes" answers to her mother's questions which established that "he had felt her body, and that he had stuck his fingers inside her vagina." … Webster defines "complaint" as an "expression of grief, pain or resentment ... something that is the cause or subject of protest or outcry...." [1] In our view, to qualify as a complaint the victim's statement must at least

Citizens Bank, Na, Etc. v. v Express Group Inc.

New Jersey Superior Court Appellate Division · Jun 25, 2026

Any Disputing Party may request the AAA to designate one neutral arbitrator who shall be qualified as an arbitrator under the standards of the AAA . . . ." … As such, venue is established.

State v. Lisa

391 N.J. Super. 556 · New Jersey Superior Court Appellate Division · Apr 4, 2007

The duty, however, only requires the host to give such assistance as the host reasonably can and to take reasonable action to turn the injured person over to those qualified to care for the guest. . . . . … 2d 486 (citing §§ 321 to 324A of Restatement); see Endre, supra, 300 N.J.Super. at 143 , 692 A. 2d 97 (citing § 314A of Restatement); Poole, supra, 259 N.J.Super. at 84 , 611 A. 2d 169 (Good Samaritan Act does not confer immunity

Patrick Pantusco v. New Jersey Department of Corrections

New Jersey Superior Court Appellate Division · Mar 13, 2024

We have previously noted "DOC is not immune" from the requirement that an agency "adequately set forth its rationale in support of a final determination." Blackwell v. Dep't. of Corrs., 348 N.J. … On remand, DOC should address appellant's requests for relief detailed in his December 8, 2022 grievance, including his claim he is entitled to reinstatement to his prior work assignment, back pay at his previously established

Teamsters Local 97 v. State of New Jersey

New Jersey Superior Court Appellate Division · Jan 31, 2014

For those reasons, a statute "will not be declared void unless it is clearly repugnant to the Constitution." Trautmann ex rel. Trautmann v. … Legislative immunity guaranteed by the Speech or Debate Clause assures that the speech and conduct of legislators acting within the sphere of legitimate legislative activity will not be made

Beaunit Mills, Inc. v. Division of Employment Security

43 N.J. Super. 172 · New Jersey Superior Court Appellate Division · Dec 28, 1956

Everyone concedes that equality of bargaining between employer and employees finds its ultimate in the written agreement establishing wages, hours and conditions of employment. … Thus it may be said with considerable vigor that relinquishment of the strike as an instrument of pressure should not be found by implication unless clearly apparent from the words of the contracting parties.

In the Matter of Rutgers and International Brotherhood of Teamsters Local 97

New Jersey Superior Court Appellate Division · Jun 24, 2026

The Vaccine Policy is consistent with New Jersey law, which provides that "each health care facility shall establish and implement an annual influenza vaccination program." N.J.S.A. 26:2H-18.79. … "To be arbitrable, a matter must qualify as one on which the parties may negotiate. A matter which is not legally negotiable in the first place cannot be arbitrable." Ridgefield Park Educ. Ass'n v.

Johnson v. Walter Kidde Constructors, Inc.

72 N.J. Super. 548 · New Jersey Superior Court Appellate Division · Feb 23, 1962

The claim of Melvin Brown for compensation benefits, as an alleged statutory dependent of decedent, was denied because the proofs "did not clearly establish" that decedent was his father. … and qualified "under R.S. 34:15-13 as total dependents."

State v. Green

274 N.J. Super. 15 · New Jersey Superior Court Appellate Division · May 23, 1994

Lawyers who do not pay their assessments violate a legal norm, but not one established for the protection of their clients. Ibid. … The risks to individual clients and to the integrity of the legal system that are posed when a defendant is represented by a person who has never qualified to practice law are not present here.

AHMAAD GRIFFIN, ETC. VS. CITY OF NEWARK (L-6600-19, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 12, 2021

The TCA modifies the doctrine of sovereign immunity and establishes the parameters within which an injured party may recover for the tortious acts of … Plaintiff's mistaken assumption about the accrual of the claims does not qualify under case law as an extraordinary circumstance.

Jasmil Rivas v. Board of Review

New Jersey Superior Court Appellate Division · Jul 28, 2025

The Board explained that a fear of being exposed to COVID-19 is insufficient to qualify for PUA benefits. … contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly

Tp. of North Bergen v. Div. of Tax Appeals

40 N.J. Super. 510 · New Jersey Superior Court Appellate Division · Jun 27, 1956

Clearly the State Division did not err when it eliminated the cushion. … In fact, the argument seems to be that the county *526 board and the Division should accept the opinion of any qualified expert making a revaluation. We are unpersuaded.

I/M/O Authorization for Freshwater Wetlands Statewide General Permit 6, Etc. I/M/O Care One, Inc.

New Jersey Superior Court Appellate Division · Dec 11, 2013

Consequently, appellants' challenge to the Department's action does not qualify for an adjudicatory hearing unless they establish that one or more of their constitutional rights are … They "need not be given the same weight, and some factors will clearly be more relevant in a given situation than others." Ibid.

STATE OF NEW JERSEY VS. JOSHUA M. GRAHAM (17-05-0496, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 8, 2021

Our authority is bound by clearly defined statutory terms. Febbi v. Bd. of Rev., 35 N.J. 601, 606 (1961). … Because the trial court properly modified the charge consistent with the facts of the case, we need not decide whether the model charge's use of the qualified immunity statute's definition of a law enforcement officer, which

Mortgage Access Corp., Etc. v. Richard Meyer

New Jersey Superior Court Appellate Division · Feb 14, 2025

Declercq sent [Meyer] the message, loudly and clearly, that [Meyer] was too old to even be considered a dinosaur. … Rather, it requires that the arbitrator[] must have clearly intended to decide according to law, must have clearly mistaken the legal rule, and that mistake must appear on the face

Said A. Said v. New Jersey State Police

New Jersey Superior Court Appellate Division · May 4, 2026

Well, [Viruet] did not qualify for a bounty hunters license nor would he qualify to do work as a bounty hunter because he had a criminal history. … Clearly then, Said was aware that part of the allegations raised by NJSP were based on the fact that he allegedly employed individuals who were unlicensed.

BARBARA ALLEN, ETC. v. MANOR CARE OF VORHEES NJ, LLC (L-1556-18, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 1, 2022

After hearing oral argument, the motion court entered an order granting Kennedy's motion and dismissing plaintiff's complaint with prejudice based on plaintiff's failure to provide an opinion from a qualified expert establishing … Here, due to plaintiff's failure to furnish a qualifying expert report, plaintiff likewise fails to establish a nexus between Kennedy's alleged breaches

Div. of Youth & Fam. Svcs. v. ND

417 N.J. Super. 96 · New Jersey Superior Court Appellate Division · Nov 29, 2010

N.D. objected to Hoehne's qualifications to testify about custody, and he was qualified as an expert in counseling. Hoehne testified about his impressions of T.W. from their sessions. … A stipulation "must be definite and certain in its terms and the consent of the parties to be bound by it must be clearly established." Ibid.

STATE OF NEW JERSEY VS. ANTHONAY C. MCIVER (18-09-0819, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 11, 2021

The court denied defendant's motion based on its conclusion defendant had failed to establish clearly and 2 The State apparently made that assertion based on defendant's initial rejection of a proposed plea offer that … A court may overturn a prosecutor's denial of a PTI application if a defendant establishes clearly and convincingly the denial was "a patent and gross abuse" of prosecutorial discretion. Watkins, 193 N.J. at 520.