Case law

NJ Home Builders Ass'n v. Div. on Civil Rights

81 N.J. Super. 243 · New Jersey Superior Court Appellate Division · Nov 13, 1963

The existence of a claim, or the threat of a possible claim, disturbing the peace of the plaintiffs' freedom by casting doubt or uncertainty upon their rights or status, establishes the requisite condition of justiciability … It clearly does not violate the Thirteenth Amendment. Within its terms, there is no compulsion towards involuntary servitude or peonage.

Naylor v. Harkins

32 N.J. Super. 559 · New Jersey Superior Court Appellate Division · Nov 3, 1954

with a copy of the charges and notified him to appear for trial, he is theoretically under arrest and is deprived of all rights of membership until his case is disposed of, in which case the Chief Engineer will appoint a qualified … Section 6 (c) of the Constitution clearly provides that before the Grand Chief Engineer, with the concurrence of the Advisory Board, has the power to set aside a verdict and direct a verdict in place of it and impose a penalty

Appelget v. Van Hise

44 N.J. Super. 507 · New Jersey Superior Court Appellate Division · Apr 4, 1957

Nor would they qualify as records made in the regular course of business. N.J.S. 2 A :82-35. … In the present instance the declaration aided the declarant in tending to establish the debt to be $57,500.

DENISE SPATOLA VS. SEABROOK BROTHERS & SONS, INC. (L-0418-15, CUMBERLAND COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 7, 2019

immunize." … As the Supreme Court has stated, a forklift accident is simply "a fact of life of industrial employment," which was clearly contemplated to fall within the purview of the Act. Van Dunk, 210 N.J. at 461.

STATE OF NEW JERSEY VS. MICHAEL KAPROSCH (17-02-0068 AND 17-03-0090, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 6, 2020

However, it is well-established that a person providing a footprint identification need not be qualified as an expert because "shoeprint patterns are often readily recognizable and well within the capabilities of a lay … The prosecutor's comments were not clearly improper or egregious.

Juan M. Garabito v. Board of Trustees

New Jersey Superior Court Appellate Division · Mar 13, 2026

Snyder could not "establish any causal relationship for [petitioner's] current spontaneous complaints of pain." Petitioner was diagnosed by Dr. … 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

STATE OF NEW JERSEY VS. MARC B. HIGHSMITH (10-09-0978, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 21, 2017

Clark also established there was school property within 1000 feet of Baker's home. The CI also testified. … Here, because defendant did not object to the testimony about which he complains, we review the claimed error under the plain error standard, whether the error was clearly capable of producing an unjust result.

Maltese v. Township of North Brunswick

353 N.J. Super. 226 · New Jersey Superior Court Appellate Division · Jun 20, 2002

Otherwise, the manner and amount of compensation for the positions accepted by plaintiff were clearly "legislated" by the council in the existing salary ordinance. [1] II We now turn to the issue of whether the Township can … After receiving a complaint from a citizen it was determined that the officer did not have twenty-five years service with the municipality, as required by N.J.S.A. 40A:10-23, in order to qualify for continued benefits.

So. Burl. Cty. NAACP v. Tp. of Mt. Laurel

161 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Jul 7, 1978

Such statement must "indicate the number of qualified units proposed, the price or rental ranges, and how the applicant intends to make the units available to qualified families." … as low and moderate-income housing, if indeed they do not so qualify already.

In re Commissioner of Insurance

256 N.J. Super. 158 · New Jersey Superior Court Appellate Division · May 1, 1992

Its function was to assure access to auto insurance at standard market rates to qualified persons who, for good reason or bad, were rejected by voluntary market insurers. In re Comm’r of Ins. … We concluded, however: “Although he does not argue that he has that authority [to set rates at deficit levels], it is useful to rule clearly that he does not.” Id. at 275, 599 A.2d 906 .

STATE OF NEW JERSEY VS. J.P.D. (18-03-0389, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · May 4, 2020

Bethune, 121 N.J. 137 (1990).4 Additionally, the judge evaluated the matter as if Linda 3 In Hill, our Supreme Court established a three-part test that out-of-court statements must satisfy to qualify as admissible fresh-complaint … The State's arguments to the contrary clearly lack merit.

In the Matter of the Civil Commitment of M.L.V.

New Jersey Superior Court Appellate Division · Feb 11, 2026

Under this "catch-all" provision, "a court may consider the circumstances that led to the qualifying prior conviction. … We discern nothing in the court's findings or analysis to be clearly erroneous. B. We next turn to M.L.V.'

Union Ink Co., Inc. v. AT&T CORP.

352 N.J. Super. 617 · New Jersey Superior Court Appellate Division · Jun 28, 2002

Campanella, 298 N.J.Super. 491, 498 , 689 A. 2d 852 (App.Div.1997) (holding that a "commercially owned, unoccupied, part residential, part commercial property qualifies as a residential, non-commercial property for purposes … Were it otherwise, the companies would be effectively immune from suits for damages.

Ray Caprio, Etc. v. Mercantile Adjustment Bureau, LLC

New Jersey Superior Court Appellate Division · Dec 2, 2024

To prevail on a FDCPA claim, a debtor must establish: "'(1) []he is a consumer, (2) the . . . … Further, plaintiff's argument that defendant was required to qualify in the letter that TD Bank was the "current" creditor is unsupported. Defendant clearly and effectively disclosed TD Bank in the letter.

In Re Civil Commitment of JMB

395 N.J. Super. 69 · New Jersey Superior Court Appellate Division · Jul 20, 2007

Our Supreme Court has interpreted the statute to require the State to establish by clear and convincing evidence that it is "highly likely" the person will re-offend in the reasonably foreseeable future. … The convictions for threats to kill, kidnapping, aggravated assault, criminal restraint, and terroristic threats are clearly violent offenses.

Wazeerud-Din v. GOODWILL MISSIONS

325 N.J. Super. 3 · New Jersey Superior Court Appellate Division · Sep 29, 1999

summer camp, day camp, or resort camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store, establishment … Although churches, seminaries and religious programs are not expressly excluded from the definition of "place of public accommodation," the Legislature clearly did not intend to subject such facilities and activities to the

YANLEY SANDY VS. TOWNSHIP OF ORANGE (L-2274-17, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 29, 2021

immunity. … Plaintiff was obligated to present competent evidence establishing, or supporting reasonable inferences establishing, his cause of action for negligent training and supervision. See ibid.

Caput Mortuum v. S & S. CROWN SERV. LTD.

366 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Feb 2, 2004

Crown's judgment lien interest would have clearly qualified under the catchall designation, and CM's ability to foreclose its tax sale certificate could have been disturbed by Crown's right of redemption. … A brief review of the statutes may be instructive to better understand the procedure established by our Legislature to facilitate the collection of taxes.

ANA AROCHO VS. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS (NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS)

New Jersey Superior Court Appellate Division · Jan 9, 2020

(2) is the principal residence of an owner whose family qualifies as a low-income family . . . … buyer who qualifies as part of a low-income family, (3) "is subject to resale restrictions that are established by the participating jurisdiction and determined by the Secretary to be appropriate to" (A) allow only a low

STATE OF NEW JERSEY v. DANIEL ROCHAT (13-07-1002, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 28, 2022

It was the State's burden to "'clearly establish' general acceptance" of the FST software. Cassidy, 235 N.J. at 492 (quoting Johnson, 42 N.J. at 171). … The State's reliance on New York cases to clearly establish general acceptance is unpersuasive.