Case law
Opinions from 1658 to today.
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State of New Jersey v. Stephen G. Grogan
New Jersey Superior Court Appellate Division · Nov 22, 2023
Judge Lindemann also stated he was "not convinced" "the cited goals of PTI would clearly be subverted" by denying defendant's PTI appeal. … Accordingly, a reviewing court may overturn a prosecutor's rejection of a PTI application only when a defendant "'clearly and convincingly establish[es]' that the decision rejecting his or her application was 'a patent
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 5, 2026
Doe clearly recognized when entering the GSA that any cognizable claims against C.V.O., Jr. had to be raised against the Estate of C.V.O., Jr. and directed to its fiduciaries. … This is evidenced by the GSA's acknowledgement that "Dill qualified as [e]xecutor of C.V.O., Jr.'s" estate.
Cited 0 timesUnpublishedD.I.A.L v. City of Clifton Construction Board of Appeals
218 N.J. Super. 74 · New Jersey Superior Court Appellate Division · Jun 5, 1987
Concerns about frustrating the goals of the Act through such avoidances should be addressed to the Legislature which is uniquely qualified to weigh the rights and concerns of all interested parties and to make an informed … practical difficulty, the enforcing agency may grant exceptions from the specific requirements of the standards and specifications required by this act or permit the use of other methods or materials, but only when it is clearly
Cited 8 timesPublishedNew Jersey Superior Court Appellate Division · Jul 23, 2021
"; and (3) establish that Lime's breach caused loss to Enclave. … We will disregard any unchallenged errors or omissions unless they were "clearly capable of producing an unjust result." R. 2:10-2.
Cited 0 timesUnpublishedRose Marie Pietrobon v. the Hanover Manor and K & a Realty
New Jersey Superior Court Appellate Division · Mar 21, 2024
We are satisfied plaintiff's line of questioning was not clearly capable of producing an unjust result. … At her deposition, Maria testified that plaintiff qualified for SSD sometime in her twenties.
Cited 0 timesUnpublishedState of New Jersey v. Brendon N. Matos
New Jersey Superior Court Appellate Division · Dec 15, 2023
Additionally, applying the totality-of-the-circumstances test defendant's waiver was clearly voluntary. … As such, defendant failed to establish his plea counsel was ineffective based on his failure to prosecute fully a motion to suppress statements to police because such a motion would have clearly been unsuccessful.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 16, 2025
Instead, he maintained that his daughter "was clearly coached or pushed along" to accuse him of wrongdoing. … Nor was legal justification established in the Avenel report.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. C.B. (17-06-0969, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · May 1, 2020
as hearsay exceptions; that is, the State did not lay a foundation establishing that they were business records. … Div. 1996) (noting that a witness must be qualified before laying the necessary foundation for computer records to be admitted into evidence at trial).
Cited 0 timesUnpublishedKATHLEEN KELLY VS. ROLF-DIETER KRENZ (FM-07-0905-12, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 21, 2021
And while [the son] clearly has struggled with his college education the agreement doesn't require him to perform at any particular level. … In denying defendant's application for emancipation, the trial court found plaintiff had established the son had a disability sufficient to delay his
Cited 0 timesUnpublishedDcpp v. A.L. and W.L. Sr., in the Matter of the Guardianship of W.L. Jr.
New Jersey Superior Court Appellate Division · Sep 25, 2024
Brian Eig, qualified as an expert in the field of psychology, testified on behalf of the Division regarding the psychological and parenting capacity evaluations completed of Anita and Warren in April 2022. Dr. … However, the worker clearly had no contact at all with any of Warren's sisters.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 10, 2025
"A trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp. … A-2255-23 6 Our authority is bound by clearly defined statutory terms. Febbi v. Bd. of Rev., 35 N.J. 601, 606 (1961).
Cited 0 timesUnpublished83 N.J. Super. 563 · New Jersey Superior Court Appellate Division · May 15, 1964
In rejecting the pertinence of the principle to the facts of the Johnson case, supra, where it was for the first time clearly formulated as a comprehensive concept, the court there said: "No suspect was fleeing or likely … California, supra ( 374 U.S., at p. 34 , 83 S.Ct. 1623 ), that the "fundamental i.e., constitutional criteria" of a reasonable search established by the United States Supreme Court are binding on the States.
Cited 11 timesPublished240 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Mar 6, 1990
Clearly, this statute vests the Commissioner, as Liquidator, with title to the rights of action belonging to Integrity but concededly does not specifically bestow him with the right to prosecute claims “on behalf” of, or … bankruptcy or probate, legal proceedings may terminate pre-existing rights if the scheme is otherwise consistent with due process____ [(Emphasis supplied) Martin, 109 S.Ct. at 2184 n. 2.] *500 In this case, though our Act may qualify
Cited 5 timesPublishedMary A. Botteon v. Borough of Highland Park
New Jersey Superior Court Appellate Division · May 1, 2024
As to the former, the issues presented concern sufficient matters of public interest to qualify under Rule 4:69-6(c) for an enlargement of the filing period. … The trial court shall convene a case management conference within twenty days. 10 Because the record must be developed, it is premature to pass at this stage upon the individual defendants' contentions of immunity.
Cited 0 timesUnpublishedHUNY & BH ASSOCIATES, INC. VS. AVI SILBERBERG (L-10677-15, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 27, 2021
Gerner, 89 N.J. 526, 537-39 (1982) (finding surprise and prejudice when the court first raised qualified immunity defense after summations); Off. of Emp. … In sum, the evidence fell short of establishing clearly and convincingly that those four deposits were not intended as gifts.
Cited 0 timesUnpublishedBrian Hurley v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Dec 1, 2023
Gollin, who qualified as an expert in the field of psychiatry, conducted an Independent Medical Examination (IME) of Hurley after the accident. According to Dr. … To establish entitlement to accidental disability retirement benefits, a member must prove: 1. that he is permanently and totally disabled; 2. as a direct result of a traumatic event that is
Cited 0 timesUnpublishedRICHARD BELSITO VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM)
New Jersey Superior Court Appellate Division · Aug 26, 2021
The State presented Jeffrey Lakin, M.D., who was qualified as an expert in orthopedics. He testified from a review of the medical records and his examination of petitioner. Dr. … The burden of establishing direct causation between total disability and a traumatic event rests with the applicant. Atkinson v. Parsekian, 37 N.J. 143, 149 (1962) (citations omitted).
Cited 0 timesUnpublished267 N.J. Super. 174 · New Jersey Superior Court Appellate Division · May 25, 1993
The representations were qualified. When counsel was asked whether his clients, referring to all twenty of them, relied upon Lampf-Lipkind oral representations, he said "in my view" it would not have made a difference. … This I regard as the general and well established rule. 33 N.J.L. at 515-16 .
Cited 4 timesPublishedSTATE OF NEW JERSEY VS. JIHAD EWING (14-09-2760, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 30, 2017
He said the "definition of a fast food establishment specifically refers to restaurant as determined by the zoning official in this Borough is an establishment with seats." … The 12 A-3161-15T1 Ordinance does not qualify the number of "uses . . . permitted."
Cited 0 timesUnpublishedIN THE MATTER OF INSPIRA MEDICAL CENTER, ETC. (NEW JERSEY DEPARTMENT OF HEALTH)
New Jersey Superior Court Appellate Division · Jun 9, 2021
PER CURIAM This appeal concerns a dispute over the calculation and allocation of a subsidy given by the State to qualifying hospitals. … Inspira contends that it would have qualified for part of that subsidy had the Department accepted and used a revised cost report from Inspira.
Cited 0 timesUnpublished
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