Case law

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

American Lending Center, LLC v. Crown Bank

New Jersey Superior Court Appellate Division · Jun 29, 2026

Citizen and Immigration Services (USCIS), investors recoup their investment and qualify for EB-5 immigrant visas. … The evidence at trial established that ALC reported the loan on ALC's balance sheet and reported it as ALC capital.

Jackson v. Consolidated Rail Corp.

223 N.J. Super. 467 · New Jersey Superior Court Appellate Division · Mar 10, 1988

While there was clearly compensable emotional distress, Zahorian v. … Furthermore, the standard for establishing unlawful discrimination under the common law and the statute is the same, Id. at 83 ; see also Andersen v.

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.

State v. Tucker

265 N.J. Super. 296 · New Jersey Superior Court Appellate Division · Jun 11, 1993

The circumstances known to the police were clearly sufficient to establish probable cause for defendant's continued detention. … The transcript clearly establishes that defendant was repeatedly advised of his Miranda rights and effectively waived them.

McGarvey v. G.I. Joe Septic Service, Inc.

293 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Aug 6, 1996

Therefore, “[t]he invitation to compare the statutory standard to [the driver’s] conduct, if not express, was clearly implied.” Ibid. … The judge’s instructions were clearly capable of permitting the jury to consider DePalma’s conduct in determining Ford’s and Rice & Holman’s liability.

State of New Jersey in the Interest of Juvenile, I.C.

447 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Sep 19, 2016

Court concluded that the juvenile's placements in these programs did 13 A-5119-13T1 "not satisfy the intended concept of detention in Rule 5:21-3(e) to qualify … The JISP is clearly a probation program designed as an "alternative to juvenile detention."

State of New Jersey v. Luis A. Figueroa

New Jersey Superior Court Appellate Division · Oct 21, 2024

Nevertheless, the court was not clearly erroneous in determining this factor weighed in favor of the State, as defendant was clearly aware of the charges. … The defendant must establish actual prejudice. United States v. Loud Hawk, 474 U.S. 302, 315 (1986).

ANTHONY DANIELS VS. HIGH POINT BOARD OF EDUCATION (L-0152-17, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 11, 2019

Well-established principles guide our review of both of the trial court rulings. … Plaintiff did not establish the requisite notification necessary to qualify as "whistle- blowing" activity. We are similarly unpersuaded that plaintiff sufficiently pleaded a common law Pierce claim.

State of New Jersey v. James A. Simmons

New Jersey Superior Court Appellate Division · Aug 14, 2025

As such, defendants fail to carry their burden of establishing unconstitutionality where they identify only "one unconstitutional application of the statute: [their] own case." Id. at 289. … Here, each officer provided ample evidence of their education, experience, and training to qualify as an expert.

State v. Lenihan

427 N.J. Super. 499 · New Jersey Superior Court Appellate Division · Aug 13, 2012

Clearly, N.J.S.A. 39:3-76.2f is a law addressed and enacted to protect the public health and safety. … If the Legislature had intended N.J.S.A. 20:40-18 to be limited to the “community at large” and not apply to individuals, as suggested by defendant, it could have qualified the term accordingly. It did not do so.

Young v. Prudential Insurance Co. of America, Inc.

297 N.J. Super. 605 · New Jersey Superior Court Appellate Division · Feb 14, 1997

Second, enforcement “advances rather than contravenes well-established and important public policies.” Id. at 357 , 605 A.2d 681 . … We cannot imagine a claim that more clearly involves the insurance business of the defendant than plaintiffs.

Valerie Campione v. Arizona Beverages USA

New Jersey Superior Court Appellate Division · Jan 5, 2024

We rejected the plaintiff's claim because "[t]he FMLA establishes a clear mandate of public policy for 'eligible employees' wrongfully terminated pursuant to its provisions," but does not establish public policy for ineligible … Moreover, plaintiff's admission that she did not qualify to invoke the protection of the NJ SAFE Act based on her four-month employment with AZ belied any claim under Pierce.

In Re Will of Ferree

369 N.J. Super. 136 · New Jersey Superior Court Appellate Division · Mar 11, 2003

This is done even though the stricken non-holographic material was clearly intended to have been made part of the will as is the case where the will is made by filling in the blanks of a printed will form. [2 Page on Wills … VII For these reasons, the document which plaintiff would have admitted to probate does not qualify as a holographic will.

Atlantic City Mun. Utilities Authority v. Hunt

210 N.J. Super. 76 · New Jersey Superior Court Appellate Division · May 2, 1986

Defendant Fund asserted immunity under the Tort Claims Act, N.J.S.A. 59:1-1 et seq., and denied responsibility under the Spill Act. On *80 cross-motions for summary judgment, Judge Perskie granted defendant's motion. … Finally, while the Legislature clearly intended to remedy the plight of those injured by the discharge of hazardous substances by giving them a swift means of redress, the Committee was also concerned with giving DEP broad

STATE OF NEW JERSEY VS. KEVIN HAIGH (11-2018, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 11, 2021

to establish Officer Magnani's training and experience." … See Rule 2:10-2 ("Any error or omission shall be disregarded by the appellate court unless it is of such a nature as to have been clearly capable of producing an unjust result . . . .").

Adrian Longo v. City of Atlantic City

New Jersey Superior Court Appellate Division · Feb 18, 2025

A security guard does not qualify under any of these categories. … N.J.R.E 104(a)(1) states in pertinent part, "[t]he court shall decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible."

Adrian Longo v. City of Atlantic City

New Jersey Superior Court Appellate Division · Feb 18, 2025

A security guard does not qualify under any of these categories. … N.J.R.E 104(a)(1) states in pertinent part, "[t]he court shall decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible."

State v. Doyle

77 N.J. Super. 328 · New Jersey Superior Court Appellate Division · Dec 4, 1962

This was clearly brought out in the cross-examination conducted by the defense. … The defendants were without standing to object to this evidence, since in order to qualify as a person aggrieved by an unlawful search or seizure *345 under the Fourth Amendment one must have been the victim of the search