Case law
Opinions from 1658 to today.
5,442 results
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Sergey Bondarenko v. Township of Mahwah
New Jersey Superior Court Appellate Division · Oct 30, 2025
Sell to a qualified low and moderate income household at the controlled unit sales price . . . . ; or 2. … wa]s clearly a legitimate governmental interest."
Cited 0 timesUnpublished772 A.2d 54 · New Jersey Superior Court Appellate Division · Apr 24, 2001
Following testimony by two expert witnesses for the State and one expert for J.P., the judge found that J.P. qualified as a violent sexual predator. … VII J.P. next argues that the State did not establish by clear and convincing evidence that he is likely to commit acts of sexual violence in the foreseeable future.
Cited 0 timesPublishedDCPP VS. A.W., IN THE MATTER OF E.H. (FN-21-0153-18, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 22, 2020
Accordingly, we will only overturn the judge's findings if they "went so wide of the mark that the judge was clearly mistaken." Ibid. (citing J.T., 269 N.J. Super. at 188-89). … Her unsubstantiated claim is insufficient to establish that she was in a qualified methadone treatment program. Allison's reliance on V.T. is also misplaced. In that case, we held that V.T.'
Cited 0 timesUnpublished377 N.J. Super. 267 · New Jersey Superior Court Appellate Division · Apr 28, 2005
Instead, it pays only those losses qualifying as "covered claims" pursuant to the terms of the Act. See Carpenter Tech. Corp., supra, 172 N.J. at 508-09 , 800 A. 2d at 56-57 . … The court reasoned that any additional sums theoretically recoverable against the driver were dependent upon a showing of the driver's fault, and that had never been established.
Cited 1 timesPublishedELDRIDGE HAWKINS, JR. VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)
New Jersey Superior Court Appellate Division · Apr 22, 2020
Thus, Hawkins has not sufficiently established that his permanent disability was the direct result of the 2009 incident. … N.J.S.A. 43:16A- 7 explicitly states that to qualify, a member must certify that he is "permanently and totally disabled as a direct result of a traumatic event occurring."
Cited 0 timesUnpublishedIn re the Trust for the Benefit of Duke
305 N.J. Super. 408 · New Jersey Superior Court Appellate Division · Jul 13, 1995
Duke, can clearly be ascertained on the face of the instrument. … Heffner does not qualify as a lineal descendant under the Doris Duke Trust. Ms.
Cited 25 timesPublishedSTATE OF NEW JERSEY VS. A.R.G. (17-04-0625, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Mar 23, 2021
He noted that this was done verbally and was ''clearly indicat[ed] from both the transcript and from the video.'' … Because enough evidence was presented to qualify [Esposito] as an expert in this area, the trial court's error in failing to specifically qualify [her] as an expert was harmless." State v. Kittrell, 279 N.J.
Cited 0 timesUnpublishedChristopher Gonzalez v. Nicole Dibello
New Jersey Superior Court Appellate Division · Apr 15, 2026
The expert then opined, "to the extent . . . the legal fees incurred were reasonable and necessary for [Gonzalez's] defense[,] they qualify as damages. … N.J.R.E. 104(a)(1) requires a court to "decide any preliminary question about whether a witness is qualified . . . or evidence is admissible."
Cited 0 timesUnpublishedDANIEL MARTINEZ VS. CITY OF ELIZABETH BOARD OF EDUCATION (L-2064-16, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 3, 2020
Notably, plaintiff could not qualify the Able writing as reliable or as a learned treatise, and Fischer testified that until he came upon it in preparing his report, he was completely unfamiliar with Able or the periodical … Under the TCA, a public entity is immune from liability except for an "injury proximately caused by an act or omission of a public employee," N.J.S.A. 59:2-2, an injury caused by a dangerous condition of its property,
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 1, 2021
The court enumerated family that was contacted as alternative placements, and none expressed interest or were qualified to take the children. … The Division clearly and convincingly established it had proven each statutory element as a matter of law. See N.J. Div. of Child Prot. & Permanency v.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. L.H. (10-08-0491, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · May 22, 2019
After reviewing the chat log and hearing counsels' arguments regarding its admissibility, the trial judge found it qualified as prior sexual conduct of Evelyn, stating further, "After thorough review of . . . … It was clearly within a jury's capabilities to determine whether the sexually graphic writing given to a fourteen-year-old girl depicting her having sex fell within the broad realm of sexual conduct.
Cited 0 timesUnpublished368 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Apr 27, 2004
Under the pre-AICRA version of the verbal threshold statute, our Supreme Court established a two-part test to succeed, requiring proof of a qualifying injury and proof that the injury had a serious impact on the plaintiff's … Rather, the trial court must state clearly its factual findings and correlate them with the relevant legal conclusions." Id. at 570, 417 A. 2d 15 (citations omitted).
Cited 9 timesPublished267 N.J. Super. 305 · New Jersey Superior Court Appellate Division · Oct 7, 1993
Phillips also contended that her injuries qualify as either a type six or seven disability, i.e., "permanent loss of use of a body organ, member, function or system" or "permanent consequential limitation of use of a body … Curiale, 128 N.J. 608, 618 , 608 A. 2d 895 (1992) ("If the language is plain and clearly reveals the statute's meaning, the court's sole function is to enforce the statute in accordance with those terms."). *322 As previously
Cited 21 timesPublishedSelective Ins. v. Hudson East Pain
416 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Oct 7, 2010
We find this approach not only subverts the established legislative mechanism for obtaining information from health care providers providing medical treatment to insureds, ibid., but also improperly circumvents clearly defined … Selective's declaratory judgment action in this instance simply does not qualify as such.
Cited 5 timesPublishedSTATE OF NEW JERSEY VS. DYQUISE V. LEONARD (13-10-1238 AND 14-04-0496, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Nov 12, 2021
Specifically, defendant argues that the new mitigating factor qualifies as a "mode of procedure" for "proceedings [. . .] thereafter on the indictment." N.J.S.A. 1:1–15. … ameliorative nature of the new mitigating factor, the prospective nature of the amended statute militates against new sentencing proceedings for defendants, who, like defendant here, were convicted, sentenced, and failed to establish
Cited 0 timesUnpublished324 N.J. Super. 245 · New Jersey Superior Court Appellate Division · Aug 31, 1999
After a recitation of his credentials, Detective Rivera was qualified "as an expert in the field of narcotics." … On the other hand, by way of contrast, the jury had Mejias's laudably candid concessions that, from a distance of 150 feet or more, he could not clearly discern the physical details of any of the objects involved.
Cited 12 timesPublishedB & L Motor Freight, Inc. v. Heymann
120 N.J. Super. 270 · New Jersey Superior Court Appellate Division · Jul 27, 1972
Each plaintiff has its principal place of business outside of New Jersey, although all of them have qualified to do business in New Jersey. … argument that insurance precedents are inapplicable here fails to recognize that not all retaliatory legislation which has been upheld was addressed to insurance companies, and that some cases have involved corporations rather clearly
Cited 7 timesPublishedNew Jersey Superior Court Appellate Division · Jan 5, 2026
The plain language of the EJLaw under N.J.S.A. 13:1D-160(c) and (d) clearly gives DEP vast discretion in determining geographic comparisons. … Tax Credit Qualified Allocation Plan, 369 N.J. Super. 2, 43 (App. Div. 2004)).
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · Nov 19, 2021
However, "if the trial court's conclusions are 'clearly mistaken or wide of the mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." … Moreover, the statements otherwise qualify as a hearsay exception.
Cited 0 timesUnpublishedState of New Jersey v. A.R.-l.
New Jersey Superior Court Appellate Division · Jun 6, 2025
We are satisfied that Hoehman's testimony qualifies under that doctrine. The evidence showed that Daniella complained of sexual abuse. See Hill, 121 N.J. at 169. … We are satisfied that defendant has failed to establish plain error warranting reversal. See R. 2:10-2.
Cited 0 timesUnpublished
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