Case law

RIM BAOUAB VS. 2600 ASSOCIATION, INC. (L-3760-18, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 28, 2021

Under the rule, when business judgments are made in good faith based on reasonable business knowledge, the decision makers are immune from liability from actions brought by … Plaintiff points to no facts to establish the trustees engaged in fraud, self-dealing, or unconscionable conduct.

Government Employees Ins. Co. v. Daniels

180 N.J. Super. 227 · New Jersey Superior Court Appellate Division · Aug 10, 1981

The Daniels sought benefits under that coverage, claiming that the Patterson Yamaha qualified as an uninsured motor vehicle. … The court decided that the evidence concerning the vehicle's design did not establish conclusively that the dune buggy was designed principally for off-road use.

Riley v. NEW JERSEY STATE PAROLE

423 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Sep 22, 2011

Nor, in my view, are they "so punitive" in effect or impact as to override the Legislature's clearly stated regulatory and remedial purpose. Therefore, I dissent from the majority's contrary holding. … For those qualifying in either category, there first has been a particularized determination based on a consideration of the individual's circumstances. N.J.S.A. 30:4-123.91b.

ANNA SOUZA VS. SERGIO SOUZA (FM-16-0083-15, PASSAIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 25, 2021

She clearly had the funds and ability to hire counsel as she has, in fact, been represented by at least five . . . … Plaintiff's ability to seek relief from the judgment was clearly time barred under Rule 4:50-1(a) or (b). See R. 4:50-2.

In the Matter of A.H.

New Jersey Superior Court Appellate Division · Nov 28, 2023

A trial court decision will only constitute an abuse of discretion where "the 'decision [was] made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" … "[T]he [S]tate's parens patriae power supports the authority of its courts to allow decisions to be made for an incompetent that serve the incompetent's best interests, even if the person's wishes cannot be clearly established

West Morris Pediatrics, P.A. v. Henry Schein, Inc.

385 N.J. Super. 581 · New Jersey Superior Court Appellate Division · Sep 3, 2004

Thus, per the allegations in the plaintiffs’ own pleadings, Barto’s twenty-five customers do not qualify as parties who were “guaranteed [a] pre-booked price of less than $64.95 per vial” In addition to Bender and Barto, … Although West Morris and Avenel-Iselin urge that the commonality inquiry starts with the issue of “were you quoted a price at the time of pre-book,” that is clearly not where the inquiry ends.

STATE OF NEW JERSEY v. ALLEN M. ESSNER (97-11-1245, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 13, 2022

Carter, 85 N.J. 300 (1981), the Court repeated the well-established standard for granting a new trial based on newly discovered evidence: [T]o qualify as newly discovered evidence entitling a party … Defendant would not qualify for this mitigating factor because he was twenty-six and ten months old when he committed the murder.

STATE OF NEW JERSEY VS. BARTHOLOMEW P. MCINERNEY(08-10-2334, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 9, 2017

Overall, we conclude the record fails to establish the emails and texts were designed to harass plaintiff. … See also J.D., supra, 207 N.J. at 476 ("Merely concluding that plaintiff has described acts that qualify as harassment and omitting this added inquiry opens the door to potential abuse

Justino Gonzalez v. Township of West Windsor

New Jersey Superior Court Appellate Division · Feb 11, 2026

The Supreme Court has identified circumstances which qualify as a public interest, including: whether there will be a continuing violation of public rights, Jones v. … Here, plaintiffs' complaint presents no justiciable issue, nor do plaintiffs establish standing to challenge the ordinance.

State v. N.I.

349 N.J. Super. 299 · New Jersey Superior Court Appellate Division · Mar 14, 2002

The definitional weight clearly suggests permanent relinquishment. 2 Indeed, every dictionary makes clear that forsake is synonymous with abandonment. … We also note that the use of willfully to qualify both forsaking in N.J.S.A. 9:6-1 and abandoned in N.J.S.A. 9:6-8.21 emphasizes the permanency associated with forsaking and further supports our definition of that term as

K.M. v. V.S.

New Jersey Superior Court Appellate Division · Dec 30, 2024

When I look at the past acts of alleged past active allegations of domestic violence, we use those to qualify her perceptions and what's happened here. … The record clearly shows, moreover, the judge was aware that a trial court dismissed two of the prior TRO complaints as unsubstantiated.

MARIA PULICE VS. GREEN BROOK SPORTS & FITNESS, ETC. (L-1424-14, SOMERSET COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 17, 2017

Any requirement to so guarantee a patron's safety from all risk in using equipment, which understandably is passed from patron to patron, could chill the establishment of health clubs … The judge determined that health club members were clearly responsible for personal injury they incurred at the club based on the waiver's language: "Members shall be responsible for any property damage or personal injury

Officer Daniel Fugnitti v. Borough of Ridgefield

New Jersey Superior Court Appellate Division · Oct 25, 2024

This conduct clearly violated Chapter 75-22(A)(6), which required Officer Fugnitti to accord himself with high ethical standards. … s extortive conduct qualified as "suspected criminal activity."

IN THE MATTER OF ALAN BRUNDAGE (NEW JERSEY CIVIL SERVICE COMMISSION)

New Jersey Superior Court Appellate Division · Jun 29, 2020

We disagree and affirm because the PBA failed to establish that the determination of appellants' layoff rights was arbitrary, capricious, or unreasonable. … contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly

REBECCA MCCARTHY VS. CARE ONE MANAGEMENT, LLC (L-8657-16, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 12, 2021

Such motions are granted only if the record clearly and convincingly establishes a miscarriage of justice under the law. … Direct testimony can qualify as clear and convincing evidence. Ibid.

Poliseno v. General Motors Corp.

328 N.J. Super. 41 · New Jersey Superior Court Appellate Division · Feb 8, 2000

In order to prove enhanced injury, [plaintiff] must establish, again, by a preponderance of the credible evidence, first of all, what injury, if any, Mr. … While those injuries would qualify as enhanced injuries, they had nothing to do with Kuhlbars' death. Indeed, plaintiff sought no compensation for those injuries.

Anuj S. Acharya v. Jolly Thakkar

New Jersey Superior Court Appellate Division · Nov 17, 2025

It is well established that equitable distribution does not mean equal distribution. See Rothman, 65 N.J. at 232 n.6. … The Internal Revenue Code (IRC) provides that "a qualifying child" may be claimed as a dependent. 26 U.S.C. § 152(a)(1).

STATE OF NEW JERSEY VS. CHRISTOPHER T. BROWN (16-05-0181, HUNTERDON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 16, 2021

Clearly, there is a risk that he will commit another offense. … Defendant asserts "[t]he court erred by allowing the [S]tate to use the CDS without establishing a chain of custody."

STATE OF NEW JERSEY VS. STEVEN L. GANIEL (15-09-2350, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 20, 2019

The facts established in the record are summarized as follows. … When defense counsel attempted to cross- examine Guerrieri and establish a connection between A.D.'

R.G. v. R.G.

New Jersey Superior Court Appellate Division · Mar 14, 2017

Overall, we conclude the record fails to establish the emails and texts were designed to harass plaintiff. … See also J.D., supra, 207 N.J. at 476 ("Merely concluding that plaintiff has described acts that qualify as harassment and omitting this added inquiry opens the door to potential abuse