Case law

Opinions from 1658 to today.

5,442 results

0.45s

  • In Re Tax Credit Application of Pennrose Properties, Inc.

    346 N.J. Super. 479 · New Jersey Superior Court Appellate Division · Jan 15, 2002

    That limitation is expressed clearly, and without equivocation, in the Developer's Agreement and is undisputed. … Laurel Township, 92 N.J. 158 , 456 A. 2d 390 (1983). [2] An "inclusionary development" such as ECLLC's would not normally qualify for low income housing tax credit.

    Cited 13 timesPublished
  • Elco v. RC Maxwell Co.

    292 N.J. Super. 118 · New Jersey Superior Court Appellate Division · Jul 15, 1996

    Thus, Maxwell must establish at least one other "special reason" to fulfill N.J.S.A. 40:55D-70d's positive criteria. … As we have noted, however, the exact boundaries within which a zoning board may consider economic inutility have not been clearly drawn. Henningsen, supra, 214 N.J.

    Cited 8 timesPublished
  • B.G. VS. E.G. (FM-20-1592-14, UNION COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Aug 31, 2018

    It placed the burden of establishing that property acquired during the marriage was immune from equitable distribution on the party that asserted the immunity. … It was defendant who bore the burden of proving that this asset was immune from equitable distribution.

    Cited 0 timesUnpublished
  • DCPP VS. J.C. AND A.R., IN THE MATTER OF G.M.R. (FN-02-0251-17, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Dec 12, 2019

    Percy was qualified as an expert in pediatrics, including pediatric critical care. … Accordingly, we will only overturn the judge's findings if they "went so wide of the mark that th e judge was clearly mistaken." Ibid. (citing J.T., 269 N.J. Super. at 188-89).

    Cited 0 timesUnpublished
  • In Re Diet Drug Litigation

    384 N.J. Super. 546 · New Jersey Superior Court Appellate Division · Apr 28, 2005

    The filing of a complaint against Wyeth clearly has eroded some of these plaintiffs' privacy interests. … Here, the litigants clearly have the resources to accomplish these limited discovery objectives while at the same time preparing for trial. V.

    Cited 3 timesPublished
  • CHARLES SMITH VS. DANIELLE SMITH (FM-14-0192-16, MORRIS COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Nov 29, 2021

    [and] will not qualify as an asset eligible for distribution." Painter v. Painter, 65 N.J. 196, 214 (1974). "[I]f such property . . . later increases in value, such increment enjoys a like immunity." Ibid. … "The burden of establishing such immunity as to any particular asset will rest upon the spouse who asserts it." Ibid.

    Cited 0 timesUnpublished
  • The Law Office of Rajeh A. Saadeh, LLC v. Wendy McCarsky

    New Jersey Superior Court Appellate Division · Apr 7, 2026

    On November 2, 2022, the parties entered into a retainer agreement in connection with a post-judgment matrimonial matter relating to the negotiation of a Qualified Domestic Relations Order (QDRO) for equitable distribution … It has long been established that the Law Division lacks jurisdiction to review a fee arbitration determination. See Linker v. Co. Car Corp., 281 N.J. Super. 579, 586 (App.

    Cited 0 timesUnpublished
  • Dcpp v. L.A. and H.G., in the Matter of J.G. and Z.G.

    New Jersey Superior Court Appellate Division · Dec 5, 2025

    The Division investigated and determined the referral was not established. … Biller was qualified as an expert in clinical psychology, specializing in forensic child maltreatment.

    Cited 0 timesUnpublished
  • Amherst Farms Homeowners Association, Inc. v. D.M. and L.S.

    New Jersey Superior Court Appellate Division · Dec 19, 2025

    The court noted it was "unable to find any . . . law" that chickens qualify as ESAs under either the FHA or LAD and that defendants failed to meet their burden of establishing chickens were ESAs. … However, the HUD Guidance clearly recognized that a person seeking an accommodation must establish the need for the specific A-4057-23

    Cited 0 timesUnpublished
  • ELVIRA DUBOIS, ETC. VS. SENIOR LIVING SOLUTIONS, LLC (L-5987-16, MIDDLESEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Aug 5, 2021

    Plaintiff clearly should have anticipated that proximate cause was a critical element in establishing a prima facie case of medical negligence. Komlodi v. Picciano, 217 N.J. 387, 409 (2014). … Starer was qualified to render these opinions based on his years of experience and his board certification in geriatrics.

    Cited 0 timesUnpublished
  • DCPP VS. T.U.B. AND J.E.C.IN THE MATTER OF THE GUARDIANSHIP OF C.I.B. (FG-07-164-14, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    450 N.J. Super. 210 · New Jersey Superior Court Appellate Division · May 22, 2017

    jadmissible in evidence; provided, however, that no such statement, if uncorroborated, shall be sufficient to make a fact finding of abuse or neglect. 10 The statute does not define who can qualify … Macon, 57 N.J. 325, 340 (1971), or whether it was sufficiently prejudicial to have been "clearly capable of producing an unjust result." R. 2:10-2.

    Cited 16 timesPublished
  • Atlantic Mut. Ins. Co. v. Hillside Bottling Co., Inc.

    387 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Aug 9, 2006

    The qualifying phrase, "to which this insurance applies" underscores the basic notion that the premium paid by the insured does not buy coverage for all property damage but only for that type of damage provided for in the … The insuring clauses set forth standard terms of a CGL policy that have well-established meanings.

    Cited 53 timesPublished
  • Mary Horne v. Jasi Mikae Edwards

    New Jersey Superior Court Appellate Division · Dec 5, 2023

    "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 . . . ." R. 2:10-2. … They believe shoplifting qualifies as a crime of dishonesty and assert Edwards should be required to forfeit her public employment pursuant to N.J.S.A. 2C:51-2(a).

    Cited 0 timesPublished
  • STATE OF NEW JERSEY VS. A.L.A. (17-01-0157, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Feb 24, 2021

    Although defendant argues in her merits brief that "the parties appeared to agree that the language from K.A. would be used to qualify both the endangering and the simple assault charges," the record does not establish … "If the plain language chosen by the Legislature 'leads to a clearly understood result' . . . we apply the law as written." State v. Robinson, 217 N.J. 594, 604 (2014) (quoting State v.

    Cited 0 timesUnpublished
  • ANTHONY FOTI VS. JG ELIZABETH II, LLC D/B/A THE MILLS AT JERSEY GARDEN MALL (L-3213-17, UNION COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jul 2, 2021

    Plaintiff clearly failed to comply with Rule 4:17-7, which prohibits a party from amending interrogatory answers within twenty days of the discovery end date unless the party "certifies . . . that the information requiring … "[A] public entity is 'immune from tort liability unless there is a specific statutory provision' that makes it answerable for a negligent act or omission." Polzo v.

    Cited 0 timesUnpublished
  • Board of Education v. New Jersey Education Ass'n

    96 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Aug 4, 1967

    The direct and deplorable action taken in dismissing qualified and competent leaders (and nontenure teachers) of the Union Beach Teachers xlssociation. … Article 1, par. 19 of the Constitution clearly recognizes the distinction between public and private employees.

    Cited 3 timesPublished
  • Oras v. Housing Authority

    373 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Nov 29, 2004

    Jacoby is also a qualified expert authority and had determined that Peaches is a major contributing factor to my present and future well-being. … Here the plaintiff [ac]quired a dog that clearly by his own admission from his own dep[osition] testimony weighed 47 pounds.

    Cited 11 timesPublished
  • David Kozak v. Board of Trustees, Etc.

    New Jersey Superior Court Appellate Division · Jan 9, 2025

    Schreiber, qualified as an expert in clinical psychology, also testified on petitioner's behalf. Dr. … Filippone, qualified as an expert in clinical psychology, was engaged by PFRS to conduct an independent medical examination on petitioner.

    Cited 0 timesUnpublished
  • In re the Estate of Fenton

    386 N.J. Super. 404 · New Jersey Superior Court Appellate Division · Jul 13, 2006

    . at 653-54 , 581 A.2d 123 ; accord In re the Action of M. for the Adoption of P., an Adult, 193 N.J.Super. 33, 37 , 471 A.2d 1220 (Ch.Div.1983) (“The purpose of [the adult adoption statute] was to permit adults who are qualified … In support of their claim of improper purpose, defendants rely on cases clearly distinguishable from this matter, mostly involving issues of a grantor’s or testator’s probable intent to include adoptees within the class of

    Cited 2 timesPublished
  • Donna MacRi Fatovic v. Damir Fatovic

    New Jersey Superior Court Appellate Division · Jan 9, 2024

    "Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should we interfere." Gnall v. Gnall, 222 N.J. 414, 428 (2015) (quoting N.J. Div. of Youth & Fam. Servs. v. … The burden of establishing that an asset or any portion thereof is immune from distribution rests on the party claiming its immunity. Pacifico v. Pacifico, 190 N.J. 258, 269 (2007).

    Cited 0 timesUnpublished

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