Case law

Association of Concerned Citizens of New Brunswick v. City of New Brunswick

New Jersey Superior Court Appellate Division · Oct 29, 2025

Our Supreme Court has identified three categories that qualify under this exception: "'(1) important and novel constitutional questions; (2) informal or ex parte determinations of legal questions by administrative officials … Appellate review determines whether the court's exercise of discretion was clearly abused. See Franklin Med. Assocs. v. Newark Pub. Sch., 362 N.J. Super. 494, 506 (App. Div. 2003).

State of New Jersey v. Steven H. Salami

New Jersey Superior Court Appellate Division · Nov 27, 2023

Although acknowledging the statute could "be construed to punish certain other conduct," the court found "it was clearly not intended to charge all persons who commit theft with the crime of money laundering." … steals money from a pedestrian's pocket and thereby possesses the property known to be derived from criminal activity," we are confident defendant's conduct in "essentially running a Ponzi scheme with his [law] practice" qualifies

BARBARA CULLEN VS. CONCENTRA, INC. (L-2911-17, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 10, 2021

When questioning the jurors about the written form, the judge must refer to questions by number or description, sufficient to establish for the record the question to which the juror is responding . . . . … The judge must ask at least three such questions, in addition to the biographical question and the two omnibus qualifying questions.

J.R. VS. CITY OF JERSEY CITY (L-4920-17, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 21, 2021

She found that plaintiff's "attempts to justify his actions clearly denotes poor judgment." … Here, plaintiff cannot establish the second prong of the test. He was not performing the essential functions of a police officer and was clearly not performing his duties at a level meeting defendant's expectations.

Block 268 LLC v. City of Hoboken Rent Leveling & Stabilization Board

401 N.J. Super. 544 · New Jersey Superior Court Appellate Division · Aug 28, 2006

Here, Plaintiff submits that when BDLJ applied for exemption for the Property in 2000, its application was successful because the Property qualified as “multiple dwellings” constructed “after 1987” as contemplated by the … Notably, in none of those amendments did the Legislature carve out exceptions to the exemption when it clearly had plenty of opportunities to do so.

Richard H. Lambdon v. Board of Review

New Jersey Superior Court Appellate Division · Mar 28, 2025

Ultimately, she admitted the company had no other positions for which claimant was qualified that were not as labor intensive. … They were not based on a medical examination which established the cause of his inability to perform the work." Claimant filed a timely appeal from the decision of the Appeal Tribunal with the Board.

STATE OF NEW JERSEY VS. DEVIN ALEXANDER (15-09-0463, SOMERSET COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 7, 2019

Somerset County Prosecutor's Office detective Mark Matthews was qualified without objection at trial as an expert in forensic ballistics. … Matthews's testimony tied the gun to the shooting, but did not link defendant to the shooting or establish defendant was the shooter.

Sutkowski v. Director, Division of Taxation

312 N.J. Super. 465 · New Jersey Superior Court Appellate Division · Jun 15, 1998

rather a further clarification thereof, where a taxpayer can prove to the satisfaction of the Director that all or part of the taxpayers share of the S Corporation’s income on which taxes were paid by the taxpayer to a qualified … In reply, the Director points out that N.J.S.A. 54A:8-3(c) refers to the “taxpayer,” who in this case is Sutkowski, whereas the federal tax rule upon which the taxpayer relies for establishment of the LIFO method applies

Jasmine Reyes v. David Lewis

New Jersey Superior Court Appellate Division · Mar 10, 2025

Those circumstances suggest the marital home would qualify as an interspousal gift subject to equitable distribution. See N.J.S.A. 2A:34-23(h). … Defendant was clearly aware of the martial home in 2018 when the JOD was entered and did not seek equitable distribution. Indeed, as we have repeatedl y noted, the JOD is explicit on this point.

In the Matter of the Estate of Frank D. Carone

New Jersey Superior Court Appellate Division · Sep 25, 2025

They argued if the court was crediting Zimmerman's testimony, then the 2007 will clearly benefitted them. … Its ruling immunizes the estates from an important claim and prevents the court from ascertaining decedents' intentions.

JOSHUA PIPERATO VS. ALLISON LAM, M.D. (L-2081-15, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 23, 2019

As was pointed out by plaintiffs' counsel on the motion, as is typical in nursing malpractice claims, their nursing expert, Byerly, a registered nurse, although well-qualified to render an opinion on the nursing standard … of care, was not qualified to render a medical opinion that the deviations she identified contributed to the amputation of Joshua's leg.

Village of Ridgefield Park v. BERGEN CO. BD. OF TAXATION

61 N.J. Super. 170 · New Jersey Superior Court Appellate Division · Apr 12, 1960

Many of the other communities that are primarily single-family residential in character have some industry and some commercial establishments. … The evidence clearly demonstrated the effect on the distribution of the county tax by using the values of personal property as assessed by the municipal assessors at a percentage of "true value."

S.B.B. v. L.B.B.

New Jersey Superior Court Appellate Division · Sep 6, 2023

The First Amendment cannot protect this kind of communication to incite, which is clearly invasive of [plaintiff's] safety and privacy." … [and] from having . . . defendant incite the community that her husband is a get refuser, which clearly puts him in a very dangerous position."

In re the City of Camden

429 N.J. Super. 309 · New Jersey Superior Court Appellate Division · Jan 29, 2013

To be a qualified municipality under MRERA at the time, “the municipality already [had to] be subject to the supervision of a financial review board and the State Local Finance Board pursuant to other statutory schemes .. … Prosecutor, supra, 394 N.J.Super. at 23 , 925 A.2d 63 , and its decision “will stand unless clearly arbitrary or capricious.” Teaneck, supra, 353 N.J.Super. at 300 , 802 A.2d 569 .

J.D. v. R.J.C. (FV-05-0387-18, CAPE MAY COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Jun 23, 2022

"Not every defect in service of process constitutes a denial of due process qualifying defendant for relief from the [] judgment." T.M.S. v. W.C.P., 450 N.J. Super. 499, 507 (App. … But he has failed to establish that he did not have actual notice of the TRO and of the FRO hearing date.

STATE OF NEW JERSEY v. JOHN FARKAS (95-05-0907, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Mar 17, 2022

He contends the victim of his offense was seventeen years old and does not qualify as a minor under N.J.S.A. 2C:7-2(b)(2), and therefore his Megan's Law sentence is illegal because it is not authorized by law. … He claims only that to qualify as a minor under N.J.S.A. 2C:7- 2(b)(2), the victim must be under the age of sixteen.

WELSH FARMS, INC. v. Bergsma

16 N.J. Super. 295 · New Jersey Superior Court Appellate Division · Nov 16, 1951

In any construction of its delegated authority, the power of the Council is limited to the establishment of sanitary regulations to preserve and improve the public health. … Certainly it is not to be supposed that a commodity, by reason of its extra-state origin, is completely immunized by the commerce clause from the exercise of state regulatory power.

DCPP VS. Q.V.P., W.W., A.M., AND T.C., IN THE MATTER OF K.P., WI.W., AND I.C. (FN-16-0137-17, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division · Aug 2, 2019

BECAUSE, EVEN IF NONE OF THE ERRORS COMMITTED BY THE TRIAL COURT WOULD SINGULARLY CONSTITUTE REVERSIBLE ERROR, THE ACCUMULATION OF ERRORS CONSTITUTES PLAIN ERROR CLEARLY … The caseworker's testimony established that both investigation summaries were admissible under N.J.S.A. 9:6-8.46(a) and Rule 5:12-4(d).

South Jersey Catholic School Teachers Ass'n v. St. Teresa of Infant Jesus Church Elementary School

290 N.J. Super. 359 · New Jersey Superior Court Appellate Division · May 16, 1996

We fail to see defendants’ contention as an Establishment Clause claim. This is clearly a free exercise claim. … The non-Catholic lay teacher also shares, albeit in a qualified way, in the Church's efforts to fulfill its mission.

DCPP VS. D.H. AND N.T., IN THE MATTER OF THE GUARDIANSHIP OF C.H., N.H., AND A.H. (FG-13-0092-16, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Oct 22, 2018

Elise Landry, who was qualified as an expert in psychology, child rearing, child abuse and neglect, and parenting competency. Dr. … Andrew Brown, who was qualified as an expert in psychology with a specialty in neuropsychology. Dr.