Case law

State v. Jones

308 N.J. Super. 15 · New Jersey Superior Court Appellate Division · Jan 27, 1998

I clearly said it was not a voluntary and freely given statement by virtue of those statements. He was in custody, I said. … Any paperwork, including letters, papers or other writings that may establish a motive for the crime of homicide and/or a relationship between the victim, and the suspect, and any paperwork or other materials which establish

State ex rel. T.C.

454 N.J. Super. 189 · New Jersey Superior Court Appellate Division · Apr 4, 2018

It recognized that some disparity in sentencing is inevitable, but found the "formalization of disparity from county to county" set forth in the challenged guidelines to be "clearly impermissible." … We note that the Code does not incorporate four of the five statutory characteristics of "developmental disability," thereby increasing the number of qualifying individuals. See N.J.S.A. 30:6D-3(a)(2)-(5).

Aparin v. County of Gloucester

345 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Aug 30, 2000

The position of County Park Ranger is a job title in the career service established pursuant to N.J.S.A. 11A:3-1. … These *275 duties are clearly recognized by the patrons of the park. This letter concluded that Mr.

Black v. Walker

295 N.J. Super. 244 · New Jersey Superior Court Appellate Division · Nov 25, 1996

Doremus, 103 N.J. 244, 249 , 510 A. 2d 1187 (1986) (holding although New Jersey had interest in deterring *256 negligent driving on its highways, that interest was unrelated to interspousal immunity). … It has its origin in the protection that is due to the incompetent or helpless, and our jurisdiction parens patriae is firmly established in our jurisprudence...." Fantony v.

Trainor v. City of Newark

137 N.J. Super. 570 · New Jersey Superior Court Appellate Division · Nov 20, 1975

The present Director of Recreation and Parks, for example, was residing in Philadelphia at the time of his appointment three years ago by the mayor, but he gave assurances of his intent to establish residency in Newark. … This is done upon the belief that the enactment immunizes those officials to the same extent as the police and firemen exemption statutes do. Section 9-1 provides: Residence of officers.

Fagas v. Scott

251 N.J. Super. 169 · New Jersey Superior Court Appellate Division · Jun 11, 1991

him in good faith believing that the facts and law were as set forth by his attorney in the trial brief and proposed findings of fact and conclusions of law; (4) since plaintiff was not the prevailing party, she does not qualify … 340 U.S. 877 (1950), where there was a direct conflict between a court rule and a statute concerning the time to appeal from a final judgment of the trial division of the Superior Court or a case like Matter of Hearing on Immunity

State v. McGinley

229 N.J. Super. 191 · New Jersey Superior Court Appellate Division · Sep 12, 1988

Counsel were further advised that the scientific literature referred to in the record by both State and defense could not be *195 considered because it was not introduced into evidence and had not been identified clearly. … He was shown to be well qualified to give an opinion on the subject, having been involved with breathalyzers for 20 years.

Gimello v. Agency Rent-A-Car Systems, Inc.

250 N.J. Super. 338 · New Jersey Superior Court Appellate Division · Aug 2, 1991

Gimello established on cross examination that none of these "heavier folks" were supervised by Brindisi. … They are clearly without merit and require no discussion. R. 2:11-3(e)(1)(D) and (E). We conclude from the record that complainant shouldered and fully carried his burden of proof.

MARVIN ESCOBAR-BARRERA VS. PAUL KISSIN (L-0783-17. UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 1, 2020

Pomerantz, who was qualified as an expert in radiology, testified that based on his review of plaintiff's MRI, plaintiff sustained "a large tear" of "the supraspinatus tendon" in his right shoulder. After Dr. … A denial of a mistrial in such a situation would be a mistaken exercise of judicial discretion, and hence harmful error since such action by the court would clearly and unequivocally

Romeo v. Seton Hall University

378 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Jun 22, 2005

It is not disputed that Seton Hall qualifies as an educational facility operated by a bona fide religious institution. … Clearly, application of the Woolley standard to a relationship outside of the employer-employee context, particularly the university-student relationship, is not appropriate.

State v. Wilson

421 N.J. Super. 301 · New Jersey Superior Court Appellate Division · Jul 26, 2011

Peacock, who was qualified as an expert witness “in the areas of marijuana and cultivation of marijuana,” described the search as follows: A. ... … The trial court correctly concluded the proposed testimony, which would have been offered to establish the benefits of using marijuana to treat MS symptoms, was irrelevant.

Prime Property & Casualty Insurance, Inc. v. Nv Service Inc.

New Jersey Superior Court Appellate Division · Jun 3, 2026

Prime's policy clearly contained omnibus provisions, such as the Approved Driver Endorsement, which covered permissive users, like Mendoza- Bastidas. … This provision clearly gave notice Mendoza-Bastidas was covered, but only to the statutory minimums. It did not violate public policy. Our obligation is to enforce the clearly worded policy as written.

Wise v. Marienski

425 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Jun 16, 2011

Cynthia Marienski, ABC Corporations 1-10 (unknown corporations, bars and/or liquor establishments responsible for the incident in question) and John Does 1-10 (unknown individuals responsible for the incident in question) … The Roig Court's broad inferences regarding the Legislature's intent were necessary to elucidate otherwise ambiguous statutory language, which could have been read to mean that uncompensated copayments and deductibles qualified

BOC GROUP v. Lummus Crest

251 N.J. Super. 271 · New Jersey Superior Court Appellate Division · Aug 3, 1990

Pursuant to this authority, the Division of Consumer Affairs was established and administrative rules were adopted. N.J.A.C. 13:45A-1 et seq. … This is clearly not the type of situation contemplated by the Consumer Fraud Act.

Society Hill at Piscataway Condominium Ass'n v. Township of Piscataway

445 N.J. Super. 435 · New Jersey Superior Court Appellate Division · Feb 8, 2016

As contemplated by COAH, municipalities were clearly empowered to impose deed restrictions, but only on newly constructed low and moderate income units subject to the FHA. … prior to that date, plaintiffs’ units all qualify for the “carve out” in N.J.A.C. 5:80-26.5(a), and as such, the Township lacked legal authority, under either the UHAC or the COAH regulations, to unilaterally extend the

Hackensack City v. Bergen County

405 N.J. Super. 235 · New Jersey Superior Court Appellate Division · Feb 9, 2009

Although the statute does not define "used for public purposes," the statutory language "clearly contemplates that something more than ownership must be established. … A potential public use qualifying the property for exemption was found when otherwise idle realty was shown to be "`waiting application to public purposes' during a definitive time period" in County of Bergen, supra, 79 N.J

JACKSON TP. v. Jackson Educ. Ass'n

334 N.J. Super. 162 · New Jersey Superior Court Appellate Division · Aug 1, 2000

Clearly, the subject matter of the two statutes is different and non-conflicting. … To qualify as being preemptive, a statute must "expressly, specifically, and comprehensively" fix the pertinent term of employment, Council of New Jersey State College Locals v.

In the Matter of the Estate of Betty Simon, the Valerie B. Alper Trust

New Jersey Superior Court Appellate Division · May 18, 2026

Alper Trust (VBAT) was established by Richard Simon. There is a history of litigation between the present parties dating back to a 2008 action alleging breach of fiduciary duties owed to the VBAT. … We have the benefit of the December 12, 2016, transcript of the conflict waiver hearing. 1 That transcript clearly evinces an informed waiver as contemplated by the Rules of Professional Conduct.

Application of Walter Marvin, Jr.

97 N.J. Super. 62 · New Jersey Superior Court Appellate Division · Sep 29, 1967

Whether the associational interests indicated by the statute bear a reasonable relationship to the obligation of the State to ensure that only qualified individuals receive identification cards for firearms, and whether the … (As amended L. 1966, c. 60, § 39) Scienter must still be established, for the statute requires it to be shown that the accused knew of the purpose of the organization at the time he answered the questions.

Cermak v. Hertz Corp.

53 N.J. Super. 455 · New Jersey Superior Court Appellate Division · Jul 8, 1958

Klaus at the hearing on defendants' motion in this case established that plaintiff never mentioned the automobile accident and the injuries resulting therefrom. … Klaus' examination of the plaintiff may be questions of fact, R.R. 4:16-2 expressly immunizes from production or inspection "the conclusions of an expert" (except the report of a physician as limited by R.R. 4:25-2), and