Case law

D'EUSTACHIO v. Beverly

177 N.J. Super. 566 · New Jersey Superior Court Appellate Division · Dec 12, 1979

Much later, when No. 1 and No. 2 had defaulted in this action, plaintiff, on oral proofs, established over $16,000 in damages for losses sustained. [3] On January 16, 1978 plaintiff's counsel wrote a detailed letter to the … Clearly, the Legislature did not bind itself to a fixed immunity-liability balance when it adopted the Tort Claims Act.

State in Interest of DH

153 N.J. Super. 490 · New Jersey Superior Court Appellate Division · Nov 9, 1977

Satisfied by Fidelity's showing that it could not reasonably ascertain the juveniles' identity by way of customary investigatory procedures, the Juvenile and Domestic Relations Court judge entered an order affording Fidelity qualified … applying this "delicate" balancing here, we would in any event have concluded that the policy of confidentiality would not have been unwarrantedly impinged upon where the effect of non-intrusion would be the fortuitous immunization

Braun v. Township of Mantua

270 N.J. Super. 404 · New Jersey Superior Court Appellate Division · Apr 30, 1993

Clearly the question of causality raises genuine issues of material fact which preclude summary judgment. R. 4:46. Judson v. … public entity, and thus, the immunity afforded by statute is not applicable to the factual setting of this litigation.

Carbone v. Warburton

22 N.J. Super. 5 · New Jersey Superior Court Appellate Division · Oct 6, 1952

And, of course, it has long been established that a person may qualify as an expert in this sense through actual experience or theoretical knowledge based upon special study of the subject. … App. 1939) the court said: "The law is established in California that in a malpractice case to qualify a physician as an expert it must be shown that the witness *20 possesses learning and knowledge of the subject under inquiry

Geraghty v. Berkeley Heights Tp.

259 N.J. Super. 350 · New Jersey Superior Court Appellate Division · Mar 19, 1990

Tax collectors collect taxes and if qualified are issued tax collector certificates by the Division of Local Finance. … It has long been established that a municipality may in appropriate circumstances abolish positions of public employment when no longer needed, when government is being reorganized, or when economies or greater efficiency

State v. Ciba-Geigy Corp.

222 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Jan 20, 1988

Paraphrasing what we understand to be the State's position, it argues that the trial judge erred in dismissing the indictment because the State had fully complied with the guidelines established in State v. … Two of the defendants in the first indictment, Robert Fesen and David Ellis, have allegedly been granted immunity with respect to their testimony before that new grand jury.

Kelty v. State

321 N.J. Super. 84 · New Jersey Superior Court Appellate Division · May 6, 1999

To pierce the qualified immunity of N.J.S.A 59:3-3, a claimant must prove more than ordinary negligence and, generally, the question of good faith will present a question of fact; however, summary judgment is appropriate … if the officer establishes that his or her acts were objectively reasonable or were performed with subjective good faith.

Johnson v. Essex County

223 N.J. Super. 239 · New Jersey Superior Court Appellate Division · Apr 30, 1987

Clearly, the Township is immune herein for approving subdivisions and granting building permits. … Since the actions taken by the Township, sub judice were clearly discretionary actions, N.J.S.A. 59:2-5 cloaks the Township with tort immunity for injury arising from those actions.

JANE DOE VS. RICHARD BURKE (L-0389-18, SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 17, 2021

The trial court concluded that both were entitled to the defense of qualified immunity because it found the communication to the press did not violate clearly established rights. … clearly established statutory or constitutional rights of which a reasonable person would have known.'"

Gerber v. Springfield Bd. of Educ.

328 N.J. Super. 24 · New Jersey Superior Court Appellate Division · Feb 3, 2000

See Denis, supra, 307 N.J.Super. at 318 , 704 A. 2d 1003 (finding that where plaintiff was unable to establish the permanency of her condition, damages were unrecoverable). … And I don't find as a matter of law that hidden indentation would qualify, although it is undoubtedly permanent [,] as a disfigurement or impairment.

E.C. VS. LEO INGLIMA-DONALDSON (L-1419-18, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Dec 16, 2021

The way in which the Legislature described when a religious or nonprofit organization will not be immune more clearly demonstrates that the standard of care can be supplied by the sexual offense (as N.J.S.A. 2A:53A-7(c) … A-2752-20 14 offense, there is no need for a plaintiff to establish that the public entity also engaged in willful, wanton or grossly negligent conduct.

Kanengiser v. Kanengiser

248 N.J. Super. 318 · New Jersey Superior Court Appellate Division · Mar 14, 1991

The statements in the Span letter clearly satisfy both prongs of this test. … The opinion clearly establishes that this was the law in the State of New Jersey since 1981, and also indicates that because of your dual role you would actually forfeit the real estate commission, even if you had been a

K.D. v. Bozarth

313 N.J. Super. 561 · New Jersey Superior Court Appellate Division · Jun 29, 1998

In so arguing, K.D. relies on the “contempt” references in the order to show cause and sentencing sheet, insisting that they conclusively establish that Judge Bozarth found K.D. guilty of a newly charged criminal offense … Whether that be labelled a contempt proceeding (as Judge Holston assumed for motion purposes), or instead a resentencing under the municipal-court statute (N.J.S.A. 2B:12-23), Judge Bozarth clearly had general subject matter

Phillips v. Westfield Bd. of Adjustment

44 N.J. Super. 491 · New Jersey Superior Court Appellate Division · Apr 11, 1957

That decision is clearly applicable here. Another consideration supports the same reasoning. … We think the statutory language clearly imports the latter alternative.

City of Newark v. Essex County Board of Taxation

309 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Apr 8, 1998

The process by which a taxpayer may obtain an abatement is established in N.J.S.A 54:4-3.141 which provides in relevant part: The governing body of a qualified municipality may, by ordinance, determine that one or more areas … This is clearly not what the Legislature intended.

Grzanka v. Pfeifer

301 N.J. Super. 563 · New Jersey Superior Court Appellate Division · Jun 3, 1997

Plaintiffs claim that Winko-Matic is not immune from liability under N.J.S.A 59:4-6, the design immunity section. … It was clearly the intent of the Legislature to include such reasonably foreseeable uses.

Biles v. Biles

163 N.J. Super. 49 · New Jersey Superior Court Appellate Division · Oct 2, 1978

The plan qualifies as a tax qualified pension plan under § 401(a) of the Internal Revenue Code and is governed as an "employee benefit plan" under ERISA. 29 U.S.C.A. § 1002 (3). … The public policy of New Jersey law is clearly that support obligations outweigh the competing interest of insulating pension benefits from creditors. Theil v.

Raspa v. Raspa

207 N.J. Super. 371 · New Jersey Superior Court Appellate Division · Nov 4, 1985

The Supreme Court enunciated this proposition most clearly in Newburgh v. … It would clearly strain all notions of fairness to permit defendant's request that the house be immune from equitable distribution, simply because he placed title in his name four days prior to the marriage and used his funds

State v. Nolfi

141 N.J. Super. 528 · New Jersey Superior Court Appellate Division · Apr 8, 1976

IV, § 2, cl. 1 *534 (Privileges and Immunities). … Defendant clearly falls within that group of offenders at whom the PTI program is aimed.

In re Long Branch Manufactured Gas Plant

388 N.J. Super. 254 · New Jersey Superior Court Appellate Division · May 16, 2005

It was clearly relevant to the litigation, which revolved around the payment of benefits to striking employees. Ibid. … Ibid. 14 In this regard, H & R claimed that, because it regularly distributed information to the public, it qualified as a member of the news media. Ibid.