Case law

H.S. v. Ocean County Board of Social Services

New Jersey Superior Court Appellate Division · Feb 18, 2026

OCBSS reevaluated H.S. to determine if she qualified for benefits under that program, as detailed in N.J.A.C. 10:71 and N.J.A.C. 10:72. … Notably, H.S. also provided a benefits statement that proved she had "earned enough credits to qualify for [SSRI] retirement benefits."

In re 1984 General Election

203 N.J. Super. 563 · New Jersey Superior Court Appellate Division · Apr 24, 1985

The court, at first, clearly denied its judicial powers. It said: *579 ... … Clearly, they were “rejected” and the election result must be set aside. III. Structuring the New Election A.

Chander Kant, ph.D. v. Seton Hall University

New Jersey Superior Court Appellate Division · Jun 5, 2026

To establish a prima facie case, a plaintiff asserting a discrimination claim based on a failure to promote must establish that: (1) he or she is a member of a class protected by NJLAD; (2) he or she was "qualified for … The standards for promotion are clearly set forth in the faculty guide and the Department guidelines.

Nc Community Center Associates v. Bmaawad Enterprises, LLC

New Jersey Superior Court Appellate Division · Jul 19, 2024

Thus, in order for BE, LLC to establish that plaintiff violated the ECOA by requiring Shallan to sign a guarantee, BE, LLC would have to establish that it independently "qualifie[d] under the creditor's standards of creditworthiness … Because BE, LLC cannot establish that it met plaintiff's standards for creditworthiness for the lease, the regulation does not apply.

STATE OF NEW JERSEY VS. HYKEEM T. MARTIN STATE OF NEW JERSEY VS. DOMINIQUE WASHINGTON (16-08-1897, ATLANTIC COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · May 5, 2020

Participation and agreement can be established from conduct as well as the spoken word. … "[A] videotape qualifies as a writing" under N.J.R.E. 801(e) and must be "properly authenticated" before being admitted. State v. Wilson, 135 N.J. 4, 17 (1994).

Ivy Hill Park v. Abutidze

371 N.J. Super. 103 · New Jersey Superior Court Appellate Division · Jul 9, 2004

IN ADDITION TO A NOTICE TO CEASE, NEW JERSEY LAW CLEARLY IMPOSES ONGOING NOTICE REQUIREMENTS ON A LANDLORD ACCEPTING RENTS TO ESTABLISH THAT A TENANT'S LATE PAYMENT OF RENT IS HABITUAL. 2. … That the pattern qualified as habitual is apparent from the face of the records.

Kennelly-Murray v. Megill

381 N.J. Super. 303 · New Jersey Superior Court Appellate Division · Nov 17, 2005

It was also established during the deposition that plaintiff was not employed at the time of the accident and that plaintiff had resumed doing the things around the house which, for a period of months after the accident, … We recognized that, generally, the plain language of a clearly written statute is the best indicator of legislative intent.”).

NJ COLALITION OF HEALTH CARE v. Dobi

321 N.J. Super. 207 · New Jersey Superior Court Appellate Division · Jun 14, 1999

Clearly, AICRA was designed to reduce not only unnecessary PIP medical costs but also to reduce payments on the bodily injury component of auto policies. … In the past, when the Legislature intended to authorize an award of attorney's fees it has expressly and clearly done so.

Francesco Mongelli v. Rocco v. Mazza

New Jersey Superior Court Appellate Division · Apr 2, 2024

Elkholy was not qualified by training or experience to testify as to the apportionment of damages to each accident. … There was no testimony at the Rule 104 hearing establishing any specific basis for a conclusion the doctor was qualified to render an apportionment opinion. The trial court properly barred Dr.

C&J COL. REALTY, INC. v. Poughkeepsie Savings Bank

355 N.J. Super. 444 · New Jersey Superior Court Appellate Division · Dec 4, 2002

Shull reported to Hawkins that he did not feel qualified to properly assess its potential. Hawkins told him to have Burkett look at the site. … The record clearly establishes that, subsequent to introducing the property to Burkett, Long performed no work at all at Sandlund's direction, and virtually all of his work for Burkett was in connection with his efforts to

Dcpp v. S.C., in the Matter of J.C.

New Jersey Superior Court Appellate Division · Jan 15, 2026

Hodes was qualified as an expert in medicine and pediatric radiology. … In contrast, the judge determined Earl was "clearly being evasive when confronted about the child's injuries by refusing to answer counsel's questions," and that he "clearly lacked veracity."

Highpoint at Lakewood Condominium Association, Inc. v. The

442 N.J. Super. 123 · New Jersey Superior Court Appellate Division · Aug 14, 2015

High Point was established under the Act pursuant to a master deed from High Point Development Corp. … The court reasoned that if unbuilt units are not taxable, a developer could be immune from taxation unless and until it commenced construction. Id. at 539.

State of New Jersey v. Darius H. Gittens

New Jersey Superior Court Appellate Division · Dec 27, 2024

sophisticated and as the [c]ourt reads the presentence report . . . and by virtue of what . . . defendant has said, . . . what he was really seeking was transactional immunity … Failure to establish either prong requires the denial of a PCR petition founded on an ineffective assistance of counsel claim. See Strickland, 466 U.S. at 700.

Anderson v. Sills

106 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Jul 30, 1969

It may be conceded that the objects of the actions of the Attorney General taken here are well within the established police power of the State. … Clearly, his aim is to prevent civil disorders and apprehend perpetrators thereof.

Ashwinni D. Seopersad v. Fulger's Golden Beer & Liquors

New Jersey Superior Court Appellate Division · Feb 3, 2026

Testimony established the entryway to Fulger's store was previously an eight-inch step down to the sidewalk. … Plaintiff further argues Cifelli improperly invoked plan-or-design immunity, which was neither pleaded nor supported by evidence of preapproved plans.

Lanzet v. Greenberg

243 N.J. Super. 218 · New Jersey Superior Court Appellate Division · Jan 19, 1990

[M]uch more than the personal opinion of a medical witness is necessary to establish a standard of acceptable medical practice. … The rulings clearly lay within the discretion of the court and plaintiff's contentions to the contrary are lacking in merit. R. 2:11-3(e)(1)(E). NOTES [*] Dr.

TR. OF CLIENTS'SEC. FUND v. Miller

243 N.J. Super. 75 · New Jersey Superior Court Appellate Division · Aug 2, 1989

The sales as well as the tax deeds and the subsequent conveyances, being valid and proper, are immune from attack. … Felmey, supra, is clearly distinguishable from the case at bar because in this case the levy was not made until after parties already entitled to distribution had moved to obtain the release of the deposited funds.

Genovay v. Fox

50 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Jun 16, 1958

Generally the determination of what constitutes reasonable care in a given factual context is the function of the jury, but the courts will not permit a person to be required to take a precaution which is clearly unreasonable … Do these factors so outweigh the risks of life and limb in the scale of social desiderata as to warrant extending immunity to the defendant as a matter of law?

Jones v. OWENS-CORNING FIBERGLAS

288 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Mar 8, 1996

This rule intends to incorporate New Jersey case law establishing the general criteria for admissibility of expert testimony articulated by State v. Kelly, 97 N.J. 178, 208 [ 478 A. 2d 364 ] (1984). … Frumkin's opinion clearly "quantified" the substantial contribution that decedent's exposure to asbestos made to the development of his colon cancer.

Robinson v. Cahill

118 N.J. Super. 223 · New Jersey Superior Court Appellate Division · Jan 19, 1972

Clearly, a large number of New Jersey children are not getting an adequate education. This is caused in part by insufficient funds in many districts despite high taxes. … There is no refunding under the Bateman Act which would make it easier for a poor district to qualify as a comprehensive district.