Case law

Raso v. Ross Steel Erectors, Inc.

319 N.J. Super. 373 · New Jersey Superior Court Appellate Division · Mar 12, 1999

Clearly, the petitioner in Squeo would have benefitted from the construction of the apartment, but *696 the Court ruled that the employer or carrier could not be made to pay for the construction until petitioner had satisfied … determining whether Giordano's services conform to Section 15 standards, the Division must address whether, among other things, the arranging and coordination of such care for a patient suffering from catastrophic injuries qualifies

Dcpp v. L.E.F., in the Matter of J.J.N.

New Jersey Superior Court Appellate Division · Jun 23, 2025

For example, proof that a child is suffering from withdrawal symptoms at birth could establish actual harm. … That information may come from any number of competent sources including medical and hospital records, health care providers, caregivers, or qualified experts.

DANIEL J. O'BRIEN v. NEW JERSEY TURNPIKE AUTHORITY (L-5157-18, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 27, 2022

Rule 4:46-2 clearly requires that a motion for summary judgment be supported by a statement of material facts which "cit[es] to the portion of the motion record establishing [each] fact or demonstrating that [each fact] … Finally, plaintiff argues that the record established genuine and material factual issues regarding each element required to establish liability under the TCA.

New Jersey Lawyers' Fund for Client Protection v. First Fidelity Bank

303 N.J. Super. 208 · New Jersey Superior Court Appellate Division · Jul 9, 1997

By statute the New York Legislature established a Clients’ Security Fund, with the assets in the custody of the State Comptroller. Clients’ Security Fund v. … The Court further stated, That immunity may be lost, however, under certain circumstances.

GONZALO CHIRINO v. PROUD 2 HAUL, INC.

New Jersey Superior Court Appellate Division · Apr 25, 2019

However, this limitation is "subject to finite, qualified exceptions." Robinson, supra, 200 N.J. at 20. … See Witt, supra, 223 N.J. at 419 (finding "it would be unfair, and contrary to our established rules," to decide an issue when the respondent was "deprived of the opportunity to establish a record that might have resolved

Justin Zimmerman, Acting Commissioner, Etc. v. Michael Patrick Diviney

New Jersey Superior Court Appellate Division · Sep 26, 2023

Pursuant to this authority, the commissioner enacted N.J.A.C. 11:1-37.1 to -37.19 to "establish procedures for the examination, licensing, continuing education, and conduct of persons acting as public adjusters in this … Tax Credit Qualified Allocation Plan, 369 N.J. Super. 2, 18 (App. Div. 2004) (quoting N.J. Coal. of Health Care Pros., Inc. v. N.J. Dep't of Banking & Ins., Div. of Ins., 323 N.J. Super. 207, 229 (App.

Misty M. Elgersma v. Board of Trustees, Etc.

New Jersey Superior Court Appellate Division · Jun 5, 2025

the record 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 … In order to qualify for accidental disability retirement benefits, a petitioner must establish they are "permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance

Barbara Yarus v. New Jersey Transit

New Jersey Superior Court Appellate Division · Nov 12, 2024

Accordingly, "immunity for public entities is the general rule and liability is the exception." Kemp by Wright v. State, 147 N.J. 294, 299 (1997); accord D.D. v. … Here, plaintiff clearly stated she was walking on the platform and had yet to reach her destination when she slipped and fell on the foreign substance.

Borough of Rocky Hill v. State

420 N.J. Super. 365 · New Jersey Superior Court Appellate Division · Sep 24, 2010

Our Supreme Court has repeatedly cautioned that courts are to extend every possible presumption in favor of a statute's constitutionality and that only legislative enactments that are clearly repugnant to the Constitution … The principle of one person, one vote, therefore, clearly applies to the election of the members of the new Boards of Education and requires that, to the extent practicable, each qualified district voter's vote count as much

In the Matter of the Denial of the Application by George Winston, Jr., for a Firearms Purchaser Identification Card

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. G.P.N., 321 N.J. Super. 172, 175-76 (App. Div. 1999). … A review of these New York authorities plainly establishes that a New York certificate of relief from disabilities does not 3 New York's highest court has noted that the statute expressly does not preclude a court or

In re the Challenge of the New Jersey State Funeral Directors Assoc'n

427 N.J. Super. 268 · New Jersey Superior Court Appellate Division · Jul 26, 2012

The amendment to N.J.A.C. 13:36-5.18(a), the third amendment challenged here, also quite clearly limits responsibility to instances in which responsibility has been assumed. … The Association has not established that these amendments exceed what the Legislature intended.

Kas Oriental Rugs, Inc. v. Ellman

407 N.J. Super. 538 · New Jersey Superior Court Appellate Division · Jun 8, 2009

(b) A favorable determination qualifying for allowances under this rule is a money judgment in an amount, excluding allowable prejudgment interest and counsel fees, that is 80% of the offer or less. … Ellman had two clearly separate and divisible claims — one that was liquidated, clearly owed, fixed by a definite date, and statutorily based; the other was questionable and hotly contested for many reasons unrelated to the

Cherry Hill Fire Co. No. 1 v. Cherry Hill Fire District No. 3

275 N.J. Super. 632 · New Jersey Superior Court Appellate Division · May 23, 1994

(e) Such surviving or new corporation shall, to the extent consistent with its certificate of incorporation as amended or established by the merger or consolidation, possess all the rights, privileges, powers, immunities, … Clearly, taxes often times create the revenues which governments disburse to private citizens who in turn provide services or property to the government.

State of New Jersey v. Heather Reynolds

New Jersey Superior Court Appellate Division · Jun 27, 2025

Special Agent Willam Shute, of the Federal Bureau of Investigation, was qualified, without objection, "as an expert in the field of historical cell site analysis." … Generally, a plain error is one that is "clearly capable of producing an unjust result." R. 2:10-2.

STATE OF NEW JERSEY VS. IBN BAILEY (15-12-1572, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 6, 2021

Thus, O'Leary had sufficient experience to qualify as an expert. … O'Leary clearly qualified as an expert and defendant was able to cross-examine him in detail concerning his qualifications and the methodology he used to arrive at his opinions.

Weinstein v. City of Newark

100 N.J. Super. 199 · New Jersey Superior Court Appellate Division · Mar 18, 1968

The plaintiff may only do so if the Director has failed in a mandatory requirement or if the municipal action is clearly inconsistent. … This ordinance did not establish the location of a single traffic signal in the City.

AM. NAT'L BANK & TRUST v. Presbyterian Homes

148 N.J. Super. 465 · New Jersey Superior Court Appellate Division · Mar 14, 1977

The prospectus did in fact refer to the residence agreement in which the "no refund" provision is clearly set forth. … In order to qualify for such an exemption, however, the institution would have to apply to the agency.

Trico Mortgage Co. v. Forero

275 N.J. Super. 91 · New Jersey Superior Court Appellate Division · Jul 22, 1994

Clearly, the Disclosure Statement provided that the Bar-rick and HMS mortgages were to be satisfied with the proceeds of the loan. … The MBBA requires that any entity desiring to engage in that business be licensed by the New Jersey Department of Banking (“DOB”), N.J.SA. 17:llB-3(a); pass a qualifying examination, N.J.SA 17:llB-4(b), N.J.A.C. 3:38-1.4;

Mt. Olive Complex v. TWP. OF MT. OLIVE

340 N.J. Super. 511 · New Jersey Superior Court Appellate Division · Jun 4, 2001

The plan indicated that the area around Budd Lake and certain other sections of the Township could qualify as centers, but not plaintiff's property. … "A presumption of validity attaches to a zoning ordinance that may be overcome only if an opponent of the ordinance establishes the ordinance is `clearly arbitrary, capricious or unreasonable, or plainly contrary to fundamental

Dunn v. State, Dept. of Human Services

312 N.J. Super. 321 · New Jersey Superior Court Appellate Division · Jun 15, 1998

We note that liability had been determined, and it appears that the proofs required to establish such damages are minimal. … In Gregg, supra, we rejected the same argument advanced by plaintiff here: Although the award of fees is discretionary, it was clearly the intent of Congress in passing section 1988 that fees be awarded as a matter of course