Case law
Opinions from 1658 to today.
5,442 results
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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
Cited 0 timesUnpublished42 N.J. Super. 545 · New Jersey Superior Court Appellate Division · Nov 19, 1956
Her share would qualify as a marital deduction and escape Federal estate taxes. * * * * * * * * I believe that the marital deduction now allowed by Section 812(e) Internal Revenue Code is substantially in the same category … Under well-established rules of construction every word is to be accorded weight and the meanings to be attributed are not to be bizarre, labored or obscure, but such as conform to the subject matter and the flow of sense
Cited 17 timesPublished331 N.J. Super. 134 · New Jersey Superior Court Appellate Division · Jul 9, 1999
A defendant's employee, if qualified, may serve as its expert. Cf., Corcoran v. … Clearly, defendant cannot criticize Howarth for relying upon defendant's own data.
Cited 9 timesPublishedNew Jersey Superior Court Appellate Division · May 13, 2025
Furthermore, it is well established that longer delays may "be tolerated for serious offenses or complex prosecutions." Cahill, 213 N.J. at 265. … Probative value concerns the tendency of evidence to establish the proposition it is offered to prove.
Cited 0 timesUnpublishedANDREW J. SHECHTEL VS. DIRECTOR, DIVISION OF TAXATION (TAX COURT OF NEW JERSEY)
New Jersey Superior Court Appellate Division · Sep 3, 2020
It is undisputed that this provision of the I.R.C. expressly defines when a partner can apply a qualified loss to reduce his distributive share of partnership income. I.R.C. § 465. … In that case, the taxpayer argued that the Act "adopt[ed] 'in toto . . . the federal scheme for taxation of capital gains which clearly . . . permits the carry forward of capital losses.'"
Cited 0 timesUnpublishedArthur L. Diggs v. Board of Trustees, Etc.
New Jersey Superior Court Appellate Division · Jul 25, 2025
In Richardson, the Court explained, that for a member of the pension system to establish they have suffered a "traumatic event" within the meaning of N.J.S.A. 43:15A-43, the member must demonstrate the following to qualify … The expert testimony, and plaintiff's own assertions, clearly support that conclusion.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 17, 2021
established Title 9 was incorporated only as a reference to the type of "harm" to a child required to establish the offense. … We agree with defendant that the State failed to establish that Darren's complaint to Daria that he was sexually abused by defendant was timely made to qualify as a fresh complaint.
Cited 0 timesUnpublishedDonna 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.
Cited 0 timesUnpublishedMARCI 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.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 3, 2018
Jonathan Mack, who was qualified as an expert witness in the fields of forensic psychology and neuropsychology. Martin did not present any witnesses. … A-2020-17T3 5 "Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure
Cited 0 timesUnpublishedWILLIAM J. FOCAZIO, M.D. VS. JOSEPH S. ABOYOUN, ESQ. (L-2643-16, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 7, 2021
In order to establish these factors, Focazio submitted expert reports prepared by Levine and Ouda. Two rules of evidence frame the analysis for determining the admissibility of expert testimony. … The judge's decision must clearly demonstrate that the litigants have been heard and their arguments were considered.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 3, 2018
Louis Schlesinger was qualified as an expert in forensic psychology. … The evidence established E.W.'s DNA was found in S.S.'s anus. Indeed, E.W.'
Cited 0 timesUnpublishedCHRISTINA LIRO VS. INSPIRA MEDICAL CENTERS, INC. (L-0567-16, CUMBERLAND COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 2, 2019
Plaintiff also argues the trial court erred in granting summary judgment because, when viewed with all inferences in plaintiff's favor, the facts clearly show defendants harassed and discriminated against plaintiff, creating … A-1205-17T3 26 which . . . she was objectively qualified; (3) was not hired or was terminated from that position; and (4) the employer sought to, or did fill the position with a similarly-qualified
Cited 0 timesUnpublished374 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Jan 3, 2005
Third, assuming defendant had established the first prong, there was no actual prejudice established in a two-year delay. … Kabus was qualified as an expert "in battered women and [BWS]" and "to testify with respect to [BWS] as an adjunct to or part of Post Traumatic Stress Disorder."
Reversed on other grounds by State v. Townsend, 186 N.J. 473 (2006)Cited 5 timesPublishedWENDY S. WOOD VS. ALAN R. WOOD (FM-13-1788-15, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 16, 2019
circumstances [was] made, the court may order further discovery" and, 2 In her supplemental certification, plaintiff had asserted that even if she was cohabitating, defendant's request was not supported by their PSA which "clearly … While our Supreme Court has characterized "a common residence" as "an important factor" in establishing cohabitation, it has not determined that a common residence alone establishes a
Cited 0 timesUnpublishedMcGarvey v. GI JOE SEPTIC SERV.
293 N.J. Super. 129 · New Jersey Superior Court Appellate Division · Aug 6, 1996
Therefore, "[t]he invitation to compare the statutory standard to [the driver's] conduct, if not express, was clearly implied." Ibid. … The judge's instructions were clearly capable of permitting the jury to consider DePalma's conduct in determining Ford's and Rice & Holman's liability.
Cited 0 timesPublishedState of New Jersey v. Richard Battaglia
New Jersey Superior Court Appellate Division · Mar 23, 2026
POINT II THE STATE FAILED TO ESTABLISH ALL NECESSARY ELEMENTS TO CONSTITUTE A CONVICTION UNDER [HANOVER TOWNSHIP ORDINANCE 171-2]. … Additionally, and relevant here, we only consider issues raised for the first time on appeal if plain error is established. R. 2:10-2.
Cited 0 timesUnpublishedJacqueline Schiavo v. Marina District Development
442 N.J. Super. 346 · New Jersey Superior Court Appellate Division · Sep 17, 2015
designated protected class; (2) who was qualified for and performing the essential functions of the job; but (3) suffered termination or other adverse employment action; and (4) others not in the protected class did not … First, the plaintiff must establish a prima facie case of discrimination.
Cited 37 timesPublishedNew Jersey Superior Court Appellate Division · Mar 28, 2019
Medesa Espana, who qualified as an expert in pediatric emergency medicine and child abuse and neglect; Passaic County Prosecutor's Office (PCPO) Detective Tabitha Thompson, who interviewed defendant; and Division caseworker … Div. 2002), we held that a stipulation must be definite and certain in its terms and the consent of the parties to be bound by it must be clearly established.
Cited 0 timesUnpublished455 N.J. Super. 176 · New Jersey Superior Court Appellate Division · Jun 13, 2018
Simring gave this testimony, this colossal error was clearly capable of producing an unjust result. … This "spend down" or partial depletion of the family's assets in order to qualify for Medicaid assistance was based on a valuation of the family's assets as being approximately $190,000.
Cited 7 timesPublished
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