Case law
Opinions from 1658 to today.
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In the Matter of the Petition of New Jersey American Water Company, Etc.
New Jersey Superior Court Appellate Division · Nov 20, 2024
whether the record 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 … The burden rests with the applicant to establish no alternative route has less impact on the environment or on the community. PSE&G, 35 N.J. at 368.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LASHAWN FITCH (09-07-1467, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 22, 2017
Moreover, the text messages satiate the remaining two prongs to qualify for admissibility pursuant to the co-conspirator hearsay exception. … The sentence is clearly reasonable and does not shock our judicial conscience. Further, Zuber is inapplicable.
Cited 0 timesUnpublishedState of New Jersey v. Samantha E. Bonora
New Jersey Superior Court Appellate Division · Aug 19, 2025
We "should reverse [an order authorizing a search warrant] only when the trial court's determination is 'so clearly mistaken that the interests of justice demand intervention and correction.'" State v. … The State contends "Scherbinski's affidavit established probable cause to believe evidence relevant to establishing an element of [aggravated manslaughter] –– the recklessness and indifference to human life occasioned
Cited 0 timesUnpublishedTHOMAS GIBBONEY VS. CATHERINE VERME (FM-04-0691-11, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 15, 2020
The court's factual findings made after a plenary hearing clearly established that defendant engaged in "other misconduct" as contemplated by Rule 4:50-1(c), and as such plaintiff's motion to vacate was untimely under … The court's evidentiary ruling clearly did not abuse its discretion and defendant has not established how she was prejudiced by the court's consideration of the tapes and chart in any event.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 24, 2020
Therefore the [c]ourt finds Katz and Campione formed Acute Medical House Calls to establish a legitimate legal business, not to engage in a conspiracy. … As we explained in Vaccaro: A physician's license and registration authorizes him to dispense controlled dangerous substances, but the statute makes it clear that he is immune
Cited 0 timesPublishedJOSEPH DONATUCCI VS. ATLANTICARE HEALTH SERVICES (L-0232-18, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 17, 2021
In order to establish a prima facie case of negligence a plaintiff must establish: (1) a duty of care; (2) breach of that duty; (3) proximate cause; and (4) damages. Filipowicz v. Diletto, 350 N.J. … Rodgers, the record clearly demonstrates that his description was sufficient to satisfy both purposes of the identification requirement. Id. at 603-04.
Cited 0 timesUnpublishedD.P. VS. S.M.B. (FV-13-0928-19, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Dec 4, 2019
In her oral opinion, the trial judge followed the framework established in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006). … Div. 2003), the court considered six factors in determining whether the parties had a qualifying dating relationship: 1.
Cited 0 timesUnpublishedMitchell Nelson v. Marisha Sirois
New Jersey Superior Court Appellate Division · Feb 14, 2025
"An abuse of discretion 'arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.'" Kornbleuth v. … These statements clearly evidence purely private interests. Additionally, plaintiffs' generic arguments related to the preservation of historic places fails to present an important public interest.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 4, 2022
2006, permitting the return on conditions that appellant obtain a report and provide a copy to both the [c]ourt and the State, within [sixty] days from the date of this [o]rder, from a qualified … "Thus, to rely on N.J.S.A. 2C:58-3(c)(8) in support of a forfeiture motion, the State must establish the defendant is not entitled to a return of his or her weapons because he or she otherwise is subject to a disability
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 6, 2023
Both experts were qualified without objection. Dr. Bajgier worked as a psychiatrist in the general psychiatric unit at Ann Klein along with other medical professionals including psychologist Dr. Kim Reeves. … s argument that the State failed to establish he has a present mental illness is without merit. See State in the Int. of M.P., 476 N.J. Super. 242, 289 (App.
Cited 0 timesUnpublishedLisa Hutchinson v. State of New Jersey
New Jersey Superior Court Appellate Division · Oct 29, 2024
Green, 411 U.S. 792 (1973), as it is undisputed plaintiff is a member of a protected class, was performing her job as an instructor at the Academy and was involuntarily transferred from that position, which qualifies as … Rogers, 176 N.J. 491, 502 (2003) ("Plaintiff was entitled to submit her case to a jury unless defendants sustained their 'burden of showing clearly the absence of a genuine issue of material fact.'")
Cited 0 timesUnpublished283 N.J. Super. 471 · New Jersey Superior Court Appellate Division · Jun 29, 1994
The view that skiing contains "inherent risks" which the skier "is deemed to have knowledge of and to assume" has been clearly expressed by our Legislature. N.J.S.A. 5:13-5. … Because of this, established case law holds that a general release given to an agent will preclude a subsequent action against his principal. Elias v.
Declined to follow by Newman v. Isuzu Motors America, 367 N.J. Super. 141 (2004)Cited 17 timesPublishedState of New Jersey v. Michael Langston
New Jersey Superior Court Appellate Division · Nov 8, 2024
otherwise established the shooter had held the gun in his right hand. … To establish the admissibility of an excited utterance, the proponent of the evidence must establish: "1) '[a] statement relating to a startling event or condition'; 2) 'made while the declarant was under the stress of
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. MARWIN MCKOY(13-12-3133, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 4, 2017
Specifically, defendant argues he was deprived of due process and a fair trial because the trial court failed to sanitize the nature of his qualifying conviction pursuant to State v. … In Vasquez, we found reversible error where the trial court failed to establish whether the defendant waived his right to counsel at his sentencing hearing. Id. at 358.
Cited 0 timesUnpublishedS. JERSEY CATH. SCH. v. St. Teresa
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.
Cited 1 timesPublishedNew Jersey Superior Court Appellate Division · Jun 16, 2022
The court found the expert "clearly and thoroughly articulated the basis of her conclusions." The court accepted Dr. … Thus, the court concluded, the Division had established by a preponderance of the evidence that Father deliberately burned G.D.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Apr 2, 2025
Relevantly, it is undisputed that since 2019 defendant has resided with Mira in Rockland County to establish her residency, qualifying her for a future home placement with adults with … A "trial judge is required to 'state clearly its factual findings and correlate them with the relevant legal conclusions.'" Gnall v. Gnall, 222 N.J. 414, 428 (2015) (quoting Curtis v.
Cited 0 timesUnpublishedDavid Cincotta v. Borough of Longport
New Jersey Superior Court Appellate Division · May 12, 2025
Milman was called by Cincotta and qualified as an expert in the fields of pharmacology and toxicology. … In the light of the entire circumstances involved in the case at bar, the [c]ourt finds that [d]efendant established just cause and termination is appropriate and clearly within
Cited 0 timesUnpublished404 N.J. Super. 433 · New Jersey Superior Court Appellate Division · Jan 8, 2009
Such an approach conforms with established precedents treating statutory or regulatory violations as non-dispositive proof of negligence. … The Supreme Court's holding in Hopkins imposing liability upon brokers was clearly restricted to broker-sponsored open houses.
Cited 15 timesPublishedState of New Jersey v. Gregory Phelps
New Jersey Superior Court Appellate Division · Jan 2, 2024
The letter suggested it was not clear that the relationship between defendant and the victim supported a finding the charged aggravated assault qualified as an act of domestic violence under the PDVA such that defendant … "A court reviewing a prosecutor's decision to deny PTI may overturn that decision only if the defendant 'clearly and convincingly' establishes the decision was a 'patent and gross abuse of discretion.'" State v.
Cited 0 timesUnpublished
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