Case law
Opinions from 1658 to today.
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231 N.J. Super. 495 · New Jersey Superior Court Appellate Division · Mar 10, 1989
Clearly Walter did not take the photographs in his capacity as a police officer but rather as a father. See State v. Sanders, 185 N.J. Super. 258 (App.Div. 1982). … Rather, it provides an exception to the general rule established by N.J.S.A. 9:6-8.10a of confidentiality of DYFS records and reports.
Cited 0 timesPublishedRONALD A. AGUIRRE v. TOWNSHIP OF LONG HILL (L-2354-18, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 20, 2022
Finally, the judge found that "[p]laintiff offer[ed] nothing to show that the condition was clearly obvious and glaring before the accident, such that the Township's failure to notice it and repair it was palpably unreasonable … "[A] public entity is 'immune from tort liability unless there is a specific statutory provision' that makes it answerable for a negligent act or omission." Polzo v.
Cited 0 timesUnpublishedSutkowski 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
Cited 17 timesPublishedNew Jersey Superior Court Appellate Division · Jul 22, 2022
As established in the record, the Division has clearly made reasonable efforts to provide services to the parents, which were either unmet or disregarded. … Under Strickland, to establish a prima facie case that her counsel provided ineffective assistance, defendant must establish (1) her counsel's performance was deficient and counsel made errors so serious that counsel was
Cited 0 timesUnpublishedNew 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.
Cited 0 timesUnpublishedKeyana Smith v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Dec 18, 2023
Regarding Smith's testimony, the ALJ found "[i]t did not clearly align with the medical documentation," stating Smith "would complain about an area of pain on her body, and when the treating provider indicated there was … Under the statute, the member must prove permanent and total disability to qualify for accidental disability retirement benefits.
Cited 0 timesUnpublishedDcpp v. M.M. and P.D., in the Matter of the Guardianship of L.S.D.
New Jersey Superior Court Appellate Division · Jun 9, 2026
Elizabeth Stilwell, whom the judge qualified as an expert in forensic psychology, attachment, bonding, and parental fitness. Judge Wright found all the witnesses credible and their testimony largely unrebutted. … The judge stated "the material, relevant, and credible proofs offered at trial[] established clearly and convincingly that [Lily's] best chance at a safe and nurtured childhood requires termination of parental rights for
Cited 0 timesUnpublishedSTATE 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.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 26, 2024
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 and gross abuse … Bruen took aim at laws that it deemed unconstitutional, not public policies meant to advance public safety by limiting access to firearms by those who are deemed to be qualified and obtain the proper license.
Cited 0 timesUnpublishedNATHAN JOHNSON v. STATE OF NEW JERSEY (L-0416-14, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 24, 2022
4 point blank, very seriously told me that he "completely disagrees" with the entire assignment that was rolled out today – without mentioning any qualifiers … This testimony also does not equate to the type of harassment necessary to establish prong one of Lehmann. There is no question that plaintiff established prongs two, three, and four.
Cited 0 timesUnpublishedJoseph Ronne v. Borough of Dumont
New Jersey Superior Court Appellate Division · Jul 15, 2024
The trial court qualified Weagley as an expert in the field of coaching, athletic training, and recreational safety. … Alphonses Heraghty, MSE, CPSI,4 was qualified as an expert in the NJSIAA Handbook.
Cited 0 timesUnpublishedJames Donovan v. Mark I. Miller, M.D.
New Jersey Superior Court Appellate Division · Mar 12, 2024
Palese is a qualified expert in the field of urology. This is not disputed by defendants. … An untoward result does not necessarily establish that a defendant deviated from accepted standards of care. There is simply insufficient proof by way of expert testimony to establish Dr.
Cited 0 timesUnpublishedNew 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."
Cited 0 timesPublishedEMMANUEL SANJUANELO VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)
New Jersey Superior Court Appellate Division · Oct 28, 2020
Department of Corrections (DOC), rejecting his challenge to the DOC's Institutional Classification Committee's (ICC) determination of his objective classification score (OCS) under N.J.A.C. 10A:9-2.6, which the DOC used to establish … Although an inmate has no right to reduced custody status, N.J.A.C. 10A:9-4.2, and although the ICC is not obligated to grant full minimum custody status even if an inmate qualifies, N.J.A.C. 10A:9-4.6(c), the DOC's decision
Cited 0 timesUnpublishedDamian Schwartz v. Darlene Kaighn-Schwartz
New Jersey Superior Court Appellate Division · May 28, 2025
Moreover, defendant's certification indicates the children do not qualify for financial aid or grants, but Ian received a FAFSA loan of approximately $5,500 per year. … Instead, the court denied plaintiff's request for a recalculation based on his failure to establish a change in circumstances.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. CHAKIB AMINE (16-04-0671, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 11, 2019
POINT III DEFENDANT'S CONVICTIONS MUST BE REVERSED, BECAUSE JOEL RIVERA WAS ORDERED TO TESTIFY WITHOUT A PROPER GRANT OF IMMUNITY. … Cofield, 127 N.J. 328 (1992), the Court established a four-part test governing the admissibility of other-crime evidence: 1.
Cited 0 timesUnpublishedJONATHAN WHITMAN VS. PAYPAL, INC. (SC-0905-15, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 18, 2018
The trial and motion records established the following facts. … The User Agreement clearly states that for buyer protection to apply, items must be purchased with "one payment."
Cited 0 timesUnpublished50 N.J. Super. 156 · New Jersey Superior Court Appellate Division · May 9, 1958
Defendant subsequently qualified as administratrix of his estate. I. … Bodine, supra , where Chancellor Williamson announced that it was "well established" that "where one tenant in common occupies the whole estate, without claim on the part of his co-tenants to be admitted into possession,
Cited 22 timesPublishedNew Jersey Superior Court Appellate Division · Oct 8, 2021
Here, the court found the messages were relevant to establish Mays's familiarity with Michael and defendants' planning of the crimes. … The court was well within its discretion to conclude that it qualified as a present sense impression pursuant to N.J.R.E. 803(c)(1).
Cited 0 timesUnpublishedJana M. Watts v. Joseph F. Farinella
New Jersey Superior Court Appellate Division · May 3, 2024
The inspector recommended an inspection "by a qualified specialist performing an in-water inspection." … Declaring that equity follows the law, the court found "in favor of the defendants . . . as their obligations are established clearly by statutes and precedent."
Cited 0 timesUnpublished
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