Case law
Opinions from 1658 to today.
5,442 results
0.83s
60 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jun 29, 1959
His brother, the defendant James Graziani, held one share of qualifying stock in each corporation, and was secretary and a member of the board of directors of both corporations. … The evidence, as already reviewed, clearly pointed in the opposite direction. State v. Vojacek, supra, 49 N.J. Super., at page 438 .
Cited 31 timesPublishedHackensack Riverkeeper, Inc. and ny/nj Baykeeper
New Jersey Superior Court Appellate Division · Dec 22, 2015
The CZM regulations "establish[] the rules . . . regarding the use and development of coastal resources[,]" and "are used in reviewing 4 A- … However, the Court made clear that it was "the boardwalk pathway over the dunes to the . . . beach [which] qualifies as a development, thereby triggering the DEP's CAFRA jurisdiction over related use of the beach and ocean
Cited 0 timesPublishedGottfried v. Prudential Insurance Co. of America
173 N.J. Super. 381 · New Jersey Superior Court Appellate Division · Mar 20, 1979
In Schwartz , unlike here, there was clearly a causing accident, and the policy in Chelly was one of "accidental means." Also relied upon by the trial court is Harris v. John Hancock Mut. Life Ins. … The undisputed testimony of the physician establishes that an internal injury did in fact occur.
Reversed by Gottfried v. Prudential Insurance Co. of America, 82 N.J. 478 (1980)Cited 6 timesPublishedState 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 timesUnpublished387 N.J. Super. 112 · New Jersey Superior Court Appellate Division · Aug 2, 2006
And I believe [defendant] clearly is working on healing those things that are frustrating her and too was concerned about the well being of her children. … While a single sufficiently egregious action may constitute domestic violence even if there is no history of abuse between the parties, a court may also determine that an ambiguous incident qualifies as domestic violence
Cited 465 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 · Dec 7, 2018
To qualify for participation, the individual must be both Medicaid eligible and already approved for PCA services. … "Not all factors need be present for an agency action to qualify as an administrative rule." Provision of Basic Generation Serv., 205 N.J. at 350.
Cited 0 timesUnpublishedState of New Jersey v. Justin I. Quiles
New Jersey Superior Court Appellate Division · Mar 30, 2026
As for the warrantless search of the vehicle, the court determined that the officers' observation of the extended magazine in plain view established probable cause under the automobile exception, which arose spontaneously … This is due to "the State's 'compelling interest in maintaining highway safety by ensuring that only qualified drivers operate motor vehicles and that motor vehicles are in a safe condition.'"
Cited 0 timesUnpublishedEllen Z. Melick v. David R. Melick
New Jersey Superior Court Appellate Division · Mar 10, 2026
The court granted plaintiff Ellen Melick's motion to enforce the parties' 1997 Final Judgment of Divorce ("FJOD") which awarded her a coverture portion of defendant's 401K plan ("Plan"), through a Qualified Domestic Relations … The court then wrote: Here, the parties' JOD clearly states that the principal amount that Plaintiff is entitled to is calculated from the date of the parties' marriage to the date of
Cited 0 timesUnpublished384 N.J. Super. 154 · New Jersey Superior Court Appellate Division · Mar 24, 2006
The courts have also held that nondisclosure of a prior marriage and divorce does not qualify as an extreme enough fraud to annul a marriage. Gerard v. Distefano, 84 N.J.Super. 396 [ 202 A. 2d 220 ] (Ch.Div.1964). … Therefore, the judge concluded that while it cannot be determined who exactly Emmanuel Mensah was, or whether he was deceased, the death certificate submitted as part of the immigration process clearly was not valid.
Cited 13 timesPublishedWILLIAM SHARP VS. NORTH HUDSON REGIONAL FIRE & RESCUE (L-1443-15, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 30, 2019
Defendants clearly satisfied these requirements. … of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered with, by threats, intimidation
Cited 0 timesUnpublishedState of New Jersey v. Joseph W. McCain
New Jersey Superior Court Appellate Division · Dec 30, 2024
s statements to C.B. qualified as fresh complaint testimony pursuant to N.J.R.E. 803(c)(2). … s statements to C.B. qualified as fresh complaint evidence. The court found that J.F.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JOHN RICHARDSON (00-01-0167, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 4, 2021
"[T]o qualify as newly discovered evidence entitling a party to a new trial, the new evidence must be (1) material to the issue and not merely cumulative or … The record does not clearly identify what defendant presented to the trial court in support of his motion.
Cited 0 timesUnpublishedCampbell v. N. PLAINFIELD BOROUGH
404 N.J. Super. 337 · New Jersey Superior Court Appellate Division · Dec 24, 2008
The notice provisions are geared toward establishing reasonable methods to inform the community of intended zoning changes. … argued that the statute's use of the phrase "all the members of the governing body" reflected the Legislature's intent to permit the approval of a protested amendment by a two-thirds vote of "all of those members present and qualified
Cited 2 timesPublished288 N.J. Super. 590 · New Jersey Superior Court Appellate Division · Apr 29, 1994
Clearly this is what the agreement says; absent a showing of fraud, coercion, duress or unconscionability, courts should give great deference to enforcing the bargain made by the parties. Cf., Lepis v. … supplemented by L. 1990, c. 52, ¶ 2 & 3; [8] N.J.S.A. 18A:40-23 (nursing services for non-public school pupils, L. 1991, c. 226); N.J.S.A. 18A:40-26 (providing additional medical service and equipment, material and services for immunization
Cited 26 timesPublishedIn Re Juvenile Detention Officer
364 N.J. Super. 608 · New Jersey Superior Court Appellate Division · Dec 11, 2003
Since the review of BFOQ requests is not set forth in N.J.S.A. 11A:2-6(a) or N.J.S.A. 11A:2-11, it is clearly an appeal in which the Board may render a final agency decision on the written record. … These laws recognize that there are jobs for which one sex is inherently and biologically more qualified than those of the opposite sex.
Cited 3 timesPublishedNew Jersey Superior Court Appellate Division · Oct 5, 2022
Defendants' expert employed qualifying language throughout his testimony, stating "I think he sprained his neck". . . … "The presumption of correctness that attaches to a damages award is not overcome unless [the movant for a new trial or additur] can establish, 'clearly and convincingly,' that the award is 'a miscarriage of justice.'"
Cited 0 timesUnpublishedH.L. v. Division of Medical Assistance and Health Services
New Jersey Superior Court Appellate Division · Nov 16, 2023
had failed to meet her burden to show the transfers at issue were solely for a purpose other than to qualify for Medicaid. II. … In short, H.L. failed to provide evidence to rebut the presumption the transfers were made to qualify for Medicaid eligibility.
Cited 0 timesUnpublishedPublic Interest Research Group v. New Jersey Department of Environmental Protection
250 N.J. Super. 189 · New Jersey Superior Court Appellate Division · May 6, 1991
N.J.S.A. 13:1K-8f clearly does not provide authority for this exemption, since the exemptions it permits are based on the nature of the industrial establishment, rather than on the identity of the owners. … There is perhaps some merit to this position; one can also rationally urge that an intra-family transfer might be much more likely to qualify for a deferral of the obligation to implement a cleanup plan under N.J.S.A. 18:
Cited 1 timesPublished217 N.J. Super. 313 · New Jersey Superior Court Appellate Division · Mar 31, 1987
No pediatric care for the child was sought nor *351 was she immunized against any of the childhood diseases during this period. On May 20, 1986 Mr. … He cites the phrase "living separate and apart" to qualify his clients. After all, he says the Sterns and Whiteheads are living separate and apart.
Reversed on other grounds by Matter of Baby M., 109 N.J. 396 (1988)Cited 19 timesPublished
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