Case law
Opinions from 1658 to today.
5,442 results
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Mena v. Unsatisfied Claim & Judgment Fund
317 N.J. Super. 351 · New Jersey Superior Court Appellate Division · Dec 30, 1998
In Smelkinson , the Appellate Division outlined the following test: (1) the amendment must satisfy the transactional test established by R. 4:9-3; (2) the added party must have had notice of the action, prior to the expiration … Without any formal application, but clearly *354 with the assent of all counsel, the trial judge permitted each counsel to argue the merits of each party's legal position.
Cited 1 timesPublishedMatthew Trotter v. Board of Trustees
New Jersey Superior Court Appellate Division · Jul 16, 2024
Applying these well-established principles, Trotter failed to meet his burden. Trotter is ineligible for ADRB under N.J.S.A. 43:16A-8(2). … Under the statute, assuming Trotter could establish a qualifying disability, he would be required to "report for duty" if a "medical examination" disclosed his disability had "vanished or ha[d] materially diminished."
Cited 0 timesUnpublishedIN THE MATTER OF JASON RYAN, ETC. (NEW JERSEY CIVIL SERVICE COMMISSION)
New Jersey Superior Court Appellate Division · Nov 3, 2021
Our standard of review of an appeal from a state agency decision is well established. … Petitioner states the Board "failed to consider or disprove that [he] possessed the required skills for the position", even though he "provided detailed examples which clearly outweighed all of the credentials and experience
Cited 0 timesUnpublished77 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
Cited 6 timesPublishedIn Re Matter of Public Hearings
142 N.J. Super. 136 · New Jersey Superior Court Appellate Division · May 17, 1976
The original determination was based upon a budget of $19 million, an amount insufficient to qualify the *146 COA for an additional $35 million in federal funds. … Next, it is contended that the establishment of rate increases did not conform to "the controlling law on rate hikes."
Cited 12 timesPublishedAdrian 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."
Cited 0 timesUnpublishedAdrian 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."
Cited 0 timesUnpublished275 N.J. Super. 30 · New Jersey Superior Court Appellate Division · Jul 7, 1994
As petitioner appeared qualified for the job, he was referred to the company doctor for a physical. … It establishes a two-step hiring process.
Cited 3 timesPublishedNew Jersey Superior Court Appellate Division · Oct 21, 2025
Freedman was qualified as an expert in clinical and forensic psychology. Her testimony included summarizing the psychological and bonding evaluation she had conducted. Dr. … Judge Axelrad also correctly applied her findings to the well-established law. A. Our Standard of Review.
Cited 0 timesUnpublished51 N.J. Super. 186 · New Jersey Superior Court Appellate Division · Jul 11, 1958
However, in view of the importance of the question involved, the principle enunciated is extended to qualify the plaintiffs herein. … Certainly, the language in the ordinance is clear and incisive with respect to recognizing the limitation that the law imposes and clearly meets the test.
Cited 5 timesPublishedCity of Paterson v. Passaic County Board of Chosen Freeholders
321 N.J. Super. 186 · New Jersey Superior Court Appellate Division · May 13, 1999
Section 33 simply establishes that a municipal authority and the public entity which established it are separate entities. … Although we are unable to discern whether the special meeting was specifically contemplated as the hearing required by section 23, the record clearly reflects substantial compliance with the requirement for prior notice and
Cited 1 timesPublishedDreier Co., Inc. v. Unitronix Corp.
218 N.J. Super. 260 · New Jersey Superior Court Appellate Division · Nov 10, 1986
According to Unitronix's written quotation the "software" component represented $6,000 of the $20,000 purchase price and was clearly a substantial part of the entire system. … Therefore, we are satisfied that corporations were intended to qualify as "consumers" under the act. See Hundred East Credit Corp. v. Eric Schuster, *273 212 N.J.
Cited 39 timesPublishedKaren Hendrie v. Francis Hendrie
New Jersey Superior Court Appellate Division · Apr 29, 2025
The standard of living established during the marriage or civil union; e. … Category one includes passive immune assets acquired pre-marital, by gift or inheritance, held in one party's name. Id. at 486-87.
Cited 0 timesUnpublishedGonzalez v. Ideal Tile Importing Co.
371 N.J. Super. 349 · New Jersey Superior Court Appellate Division · Jul 22, 2004
And if so, it would pre-empt all nonidentical state standards established in tort actions covering the same aspect of performance as an applicable federal standard, even if the federal standard merely established a minimum … Instead, I believe that plaintiffs' position in this regard is clearly inferable from their argument that OSHA does not preempt third-party tort claims.
Cited 47 timesPublishedBailes v. TP. OF EAST BRUNSWICK
380 N.J. Super. 336 · New Jersey Superior Court Appellate Division · Sep 22, 2005
Consequently, this map essentially constitutes a net opinion by East Brunswick's planning expert, Banisch, who was not qualified as an expert in septic systems. … For these reasons, the 1999 and 2001 ordinances that established this zoning are invalid.
Cited 5 timesPublished334 N.J. Super. 530 · New Jersey Superior Court Appellate Division · Oct 20, 2000
In this jurisdiction a subject matter that is so esoteric that it is beyond the ken of the average person typically qualifies as an appropriate subject for expert testimony. State v. … The burden to "clearly establish" each of these methods is on the proponent. [ Harvey, supra, at 170 , 699 A. 2d 596 (citations omitted).]
Cited 30 timesPublished364 N.J. Super. 247 · New Jersey Superior Court Appellate Division · Nov 10, 2003
However, an "interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan Realty, L.P. v. … It is well-established that in such actions evidence of prior bad acts, or evidence designed to demonstrate an improper motive, may be admissible. Rendine v.
Cited 27 timesPublishedWILLIAM M. REINHARDT VS. MAUREEN GORNOWSKI (L-0345-16, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 26, 2018
Plaintiff also urges we establish an exception to the general body of residential sidewalk immunity case law, and that we find liability where, as here, the condition of the sidewalk violated an ordinance requiring sidewalks … Also, where a defendant has been cited for violation of an ordinance and thereafter taken steps to comply with it, N.J.R.E. 407 clearly prohibits reliance on subsequent remedial measures "to prove that the event was caused
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Apr 9, 2020
A final determination made by a trial court conducting a non-jury case is "subject to a limited and well-established scope of review." Seidman v. Clifton Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011). … And clearly to get to your highest and best use, to get to this highest value all parties would want to cooperate so they could share in that.
Cited 0 timesUnpublishedKaren Hendrie v. Francis Hendrie
New Jersey Superior Court Appellate Division · Apr 29, 2025
The standard of living established during the marriage or civil union; e. … Category one includes passive immune assets acquired pre-marital, by gift or inheritance, held in one party's name. Id. at 486-87.
Cited 0 timesUnpublished
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