Case law
Opinions from 1658 to today.
5,442 results
0.66s
New Jersey Superior Court Appellate Division · Nov 26, 2024
Next, the Boards argue Sea Bright does not qualify under any prong of the fourth category. … It also provides the regional district "shall be established or enlarged in accordance with chapter 13 of Title 18A." Ibid.
Cited 0 timesPublished393 N.J. Super. 355 · New Jersey Superior Court Appellate Division · Jun 4, 2007
Here the engagement was narrowly conceived by both parties and defendant's role was clearly delineated. … Defendants had an obligation to define the scope of their representation of Clara more clearly. Accordingly, we reverse the grant of summary judgment as to Clara. B.
Cited 14 timesPublishedNew Jersey Superior Court Appellate Division · May 21, 2026
Finally, plaintiff argues the court erred by failing to find the TCA immunized her from civil liability. … Additionally, we note plaintiff's conduct was clearly outside the scope of her employment. See Velez v. City of Jersey City, 358 N.J. Super. 224, 239 (App.
Cited 0 timesUnpublishedMercedes-Benz Credit Corp. v. Lotito
306 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Dec 5, 1997
We hold, however, that the financial stability of the expected warrantor is not the qualifier to assertion of a breach of warranty as a defense to a suit tor breach of the lease or the loan on which the original sale was … The latter are clearly more able than an individual consumer to “absorb the impact of a single imprudent or unfair exchange.” Unico, supra, 50 N.J. at 110 , 232 A.2d 405 .
Cited 2 timesPublishedCedeno v. MONTCLAIR STATE UNV.
319 N.J. Super. 148 · New Jersey Superior Court Appellate Division · Mar 9, 1999
A conviction for bribery based on acts committed in the course public employment clearly constitutes "an offense involving or touching on [plaintiff's] public office, position or employment," and the position of Director … The court referred to the doctrine of unclean hands and the fact that the employees were not "lawfully qualified for their jobs."
Cited 6 timesPublishedIn the Matter of the Appointment of the Council on Affordable Housing by Governor Philip Murphy
New Jersey Superior Court Appellate Division · Jan 23, 2024
Generally, members serve six- year terms "until their respective successors are appointed and shall have qualified," with terms staggered via varying term lengths designated for the initial batch of appointees. … Paragraph (a) of N.J.S.A. 52:27D-305 plainly established COAH and the Governor's role in the nomination process: "There is established in, but not of, the [DCA] a Council on Affordable Housing to consist of 12 members appointed
Cited 0 timesPublishedLourdes Gonzalez v. 908-910 Washington Street, LLC
New Jersey Superior Court Appellate Division · Mar 30, 2026
In sum, common ownership is not required to establish that properties qualify as multiple dwellings subject to the Act, although the presence of such common ownership can weigh in favor of such a classification. … The trial court soundly determined that plaintiff failed to establish these requirements.
Cited 0 timesUnpublishedState of New Jersey v. David D. Martinez
New Jersey Superior Court Appellate Division · Mar 12, 2026
Cassady, 198 N.J. 165, 179 (2009) (holding trial court was not required to instruct jury on lesser-included offense of theft where facts clearly established robbery). … Div. 2019), is misplaced as all five cases are clearly distinguishable.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 4, 2019
report, Tadrick opined that by directing Hector to reposition himself, "[t]he [South Woods nursing] staff . . . neglect[ed] their duty to [Hector] by shifting the responsibility of pressure offloading to him, when he clearly … To establish a prima facie case of negligence in a medical-malpractice action, "a plaintiff must present expert testimony establishing (1) the applicable standard of care; (2) a deviation from that standard of care; and
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 6, 2018
The Wetterling Act "direct[ed] the federal Attorney General to establish guidelines for state programs such as Megan's Law that require the registration of persons guilty … We therefore reverse the orders under review and remand the matters to the respective trial courts, which shall conduct hearings on whether appellants currently qualify for the relief provided by
Cited 0 timesPublishedIn the Matter of the Appointment of the Council on Affordable Housing by Governor Philip Murphy
New Jersey Superior Court Appellate Division · Jan 23, 2024
Generally, members serve six- year terms "until their respective successors are appointed and shall have qualified," with terms staggered via varying term lengths designated for the initial batch of appointees. … Paragraph (a) of N.J.S.A. 52:27D-305 plainly established COAH and the Governor's role in the nomination process: "There is established in, but not of, the [DCA] a Council on Affordable Housing to consist of 12 members appointed
Cited 0 timesPublishedMichael A. Luciano, as of the Estate of Pauline Jelken v. Public Storage
New Jersey Superior Court Appellate Division · Mar 13, 2025
Further [Jelken] could not establish that the incident report . . . is a business record . . . because she could not establish the foundation for how [defendant] creates or maintains its … While evidence of safety measures taken after an accident may tend to prove or disprove a fact of consequence, New Jersey has "a clear and longstanding public policy favoring the immunization of remedial measures from
Cited 0 timesUnpublished423 N.J. Super. 475 · New Jersey Superior Court Appellate Division · Jan 10, 2012
A petitioner has the burden to establish these objective requirements by a preponderance of the evidence. … It would defeat the statute's purpose to set the threshold so high that virtually no one qualifies.
Cited 17 timesPublishedState of New Jersey v. Naim Jones
New Jersey Superior Court Appellate Division · Mar 26, 2025
, the judge explained: First, the circumstances of the offense, the trial record, as well as [defendant]'s conduct in the New Jersey State Prison since his incarceration sufficiently establishes … Clearly, the judge complied with the strictures of Rule 3:21-4(b). While announcing the sentence, the judge rebuffed defendant's attempt to interrupt the sentencing.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 3, 2021
A-1614-19 18 The exclusion clearly covers Rodriguez-Ortiz's intentional tort claims. And, "indulgently interpreted," see Green v. … The governing principles are well-established.
Cited 0 timesUnpublished285 N.J. Super. 27 · New Jersey Superior Court Appellate Division · Nov 1, 1995
Whether Gallant was involved with Nicholson's schemes may not have been clearly established, although DeMusz testified that he initially thought Gallant was involved in Nicholson's schemes; later DeMusz "guessed" that Gallant … The trial judge's response to the jury was clearly correct.
Reversed on other grounds by Sons of Thunder, Inc. v. Borden, Inc., 148 N.J. 396 (1997)Cited 14 timesPublished358 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Mar 11, 2003
Clearly that was not a proper factor in the decision to issue injunctive relief. … Kinsella, 150 N.J. 276, 318-19 , 696 A. 2d 556 (1997), no court may delegate its responsibility for a final custody or visitation decision to any expert, no matter how well qualified. P.T. v.
Cited 16 timesPublished351 N.J. Super. 467 · New Jersey Superior Court Appellate Division · May 30, 2002
Thus, we may only reverse if we are satisfied that the claimed error "is of such a nature as to have been clearly capable of producing an unjust result." R. 2:10-2; see also State v. … However, hearsay is not admissible substantively as establishing *9 the truth of the statement. State v.
Cited 40 timesPublishedSTATE OF NEW JERSEY VS. D.C.N. (16-06-2019, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Nov 8, 2021
Milton, 178 N.J. 421, 431 (2004); see also R. 1:8-9 (establishing that verdicts in all criminal actions must be unanimous). … "Further, under New Jersey [l]aw[,] it is well[-]established that 'the accused has an absolute right to have the jury polled.'" State v.
Cited 0 timesUnpublishedSylvia Melania Tejada De Tapia v. 74 Industries, Inc.
New Jersey Superior Court Appellate Division · Jul 12, 2024
The court found plaintiff's fourth amended complaint had pleaded causes of action for intentional wrongs, and that "Part Two of the Policy clearly and unambiguously excludes intentional wrongs from insurance coverage." … The Supreme Court adopted our determination that an "'intentional wrong,' qualifying for exception to the surrender of common-law remedies under
Cited 0 timesUnpublished
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