Case law

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

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.'

State of New Jersey v. Gonzalo Marrero

New Jersey Superior Court Appellate Division · Apr 14, 2026

The judge also determined defendant's medical condition did not qualify him for release under State v. … Also, the sentencing judge found: The actions of defendant herein, as testified to by witnesses in the case and supported by the evidence adduced before the jury conclusively establish

BRIAN J. WELCH v. DONNA L. WELCH (FM-13-1292-08, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 8, 2022

He qualified for SSD benefits and disability benefits under a private policy issued by Hartford Insurance Company through his employer. … As such, the appellate court may not disturb the Family Part's decision on alimony unless it concludes that the Family Part "clearly abused its discretion, failed to consider all of the controlling legal principles, or

In the Matter of John Shaw, Fire Lieutenant

New Jersey Superior Court Appellate Division · Apr 2, 2024

Shaw argues the CSC's final administrative action was arbitrary, capricious, and unreasonable and ignored competent evidence that established he was qualified for the position of fire lieutenant. … Specifically, substantial credible evidence established Shaw was arrested in 2016 and 2017.

Rutgers Council of Aaup Chapters, Etc. v. Rutgers, the State University of New Jersey

New Jersey Superior Court Appellate Division · Jan 26, 2026

Briefly stated, the applicable principles guiding our review are well established. … When moving to vacate an arbitration award, the complaining party bears the burden of establishing that the award clearly violates N.J.S.A. 2A:24-8. Anco Prods. Corp. v. T.V. Prods. Corp., 23 N.J.

IN THE MATTER OF THE APPLICATION FOR RETAIL FIREARMS DEALER LICENSE RENEWAL BY CAYUSE, LLC, ETC. (SUSSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 1, 2019

provides that No license shall be granted to any retail dealer under the age of 21 years or to any employee of a retail dealer under the age of 18 or to any person who could not qualify … Under these circumstances, Judge McGovern's denial of the application was clearly appropriate.

ROBERT MELLET VS. AQUASID, LLC, ETC.(L-516-15, CAMDEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 21, 2017

The trial judge found plaintiffs did not have a clearly established right under TCCWNA to assert their waiver claim. … TCWWNA prohibits any contract from requiring a party to sign away a clearly established right. See N.J.S.A. 56:12-16.

LISA BOBAL VS. ATLANTICARE, ETC. (L-1282-19, ATLANTIC COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 27, 2021

Dated more than five months after the court's order, that document clearly was not part of the motion record. Plaintiff argues that because Dr. Sabatini was not board certified in emergency medicine, Dr. … "Establishing those elements is a heavy burden." Galik, 167 N.J. at 357.

RICHARD LEONCINI VS. UNITA L. PERI-OKONNY (SC-000609-18, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Feb 20, 2020

We owe no deference to a trial court's interpretation of the law and the legal consequences that flow from established facts. D'Agostino, 216 N.J. at 182-83 (citing Manalapan Realty L.P. v. Twp. … Rather, the trial court must state clearly its factual findings and correlate them with the relevant legal conclusions." Curtis v. Finneran, 83 N.J. 563, 570 (1980); accord Gnall v. Gnall, 222 N.J. 414, 428 (2015).

THOMAS CHETNEY VS. NEW JERSEY MANUFACTURERS RE-INSURANCE COMPANY (L-7829-13, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 17, 2018

They both clearly had personal knowledge of these facts. See N.J.R.E. 601. Plaintiff's counsel used the medical term "erectile dysfunction" in questioning and in summation. … Furthermore, the evidence did not clearly establish when the condition first appeared.

PEDRO LIRANZO VS. MORALES AUTO REPAIR & JUNIOR MORALES (DIVISION OF WORKERS' COMPENSATION)

New Jersey Superior Court Appellate Division · Feb 14, 2020

The employer "assumes an absolute liability[,] [but] gains immunity from common-law suit, even though he [may] be negligent, and is left A-3838 … Rather, the trial court must state clearly its factual findings and correlate them with the relevant legal conclusions." Curtis v. Finneran, 83 N.J. 563, 570 (1980); accord Gnall v.

State v. Castagna

376 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Apr 12, 2005

Fonseca was qualified at trial as an expert in forensic pathology. He concluded that Grant's death was caused by complications from multiple head traumas, *667 consistent with being kicked and beaten with blunt objects. … It is only when the facts "clearly indicate" the appropriateness of that charge that the duty of the trial court arises.

Amer. Photocopy Eq. Co. v. Ampto, Inc.

82 N.J. Super. 531 · New Jersey Superior Court Appellate Division · Feb 20, 1964

"If accused matter falls clearly within the claim, infringement is made out and that is the end of it." Graver Tank & Mfg. Co. v. … Had the patentee intended the construction contended for by defendant, much more clearly specificatory language could have been used in the claim.

New Jersey Division of Child Protection & Permanency v. R.L.M.

450 N.J. Super. 131 · New Jersey Superior Court Appellate Division · Apr 28, 2017

The only thing I would try to establish if I was [sic] to take over this case is the fact that I’m innocent of the [prior] abuse and neglect .... That’s it. … To establish such a right, a parent must demonstrate it arises from the right of procedural due process.

Dcpp v. A.I.C., in the Matter of the Guardianship of T.C.

New Jersey Superior Court Appellate Division · Oct 30, 2025

Amy did not re-establish contact with the Division until July 14. She provided two conflicting phone numbers, but advised her number often changed. … He testified although Theo was clearly comfortable and familiar with Amy, they nonetheless lacked a "secure bond." In contrast, Dr.

Donna McGrath v. Peter Vezzosi

New Jersey Superior Court Appellate Division · Jul 15, 2024

A-0133-23 13 the expert be qualified in their respective field. … Additionally, we are satisfied plaintiff failed to establish either of the Pareja exceptions applied to her case.

MARCI SPIRO VS. SCOTT SPIRO (FM-02-0185-17, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 16, 2021

He also reduced the LLC's payroll by "getting rid of his most qualified and expensive employee . . . ." … A plenary hearing is held only if a party clearly demonstrates the existence of a genuine issue as to a material fact. Lepis, 83 N.J. at 159.

Port Imperial Ferry Corp., Etc. v. Monmouth County

New Jersey Superior Court Appellate Division · Apr 2, 2024

Bell & Gossett Co., 239 N.J. 531, 552 (2019) ("A trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference.") … Further, prior to awarding an EUS contract, a designated administrative official of the public entity "must file a certificate with the governing body clearly describing the nature of the work to be done, stating that it

PHILADELPHIA CONTRIBUTIONSHIP INSURANCE COMPANY, ETC. VS. RYAN, INC. (L-2449-15, UNION COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jan 9, 2019

Also, it clearly appears that the subject oil furnace, chimney pipe and heat exchanger would not have been in safe and serviceable condition when the services were performed by defendant … The more applicable case is Davis, where the Court held that "the inspection of fire sprinklers by qualified contractors . . .