Case law
Opinions from 1658 to today.
5,442 results
0.78s
MARIE SIX VS. FREDERICK SIX (FM-03-1355-14, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 1, 2017
The court denied defendant's request for an order requiring plaintiff to pay him $60,000 for half of the value of the jewelry, finding that the MSA "specifically and clearly addressed the distribution of personal property … "Ordinarily, to establish the right to such relief, it must be shown that enforcement of the order or judgment would be unjust, oppressive or inequitable." Ibid.
Cited 0 timesUnpublishedState of New Jersey v. Bryant D. Taylor
New Jersey Superior Court Appellate Division · Mar 19, 2024
We discern this unobjected-to statement was not "clearly capable of producing an unjust result." See R. 2:10-2. … Specifically, he argues his expert was qualified to testify regarding: the CDS "transactions and preparation of the syringe for which Mr.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. LOUIS V. GREEN (15-06-0637, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 8, 2021
(emphasis added). 10 Our Evidence Rules provide that facts may be established by stipulation. N.J.R.E. 101(a)(5). … As we have stated in other contexts, "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." N.J. Div. of Youth & Fam. Servs. v.
Cited 0 timesUnpublishedNayith Cantillo v. Veronica Lizano-Valerio
New Jersey Superior Court Appellate Division · Dec 20, 2023
sought is essential; (3) an explanation for counsel's failure to request an extension of the time for discovery within the original time period; and (4) the circumstances presented were clearly … One type of qualifying injury is a "permanent injury within a reasonable degree of medical probability." 1 1 An injury is considered permanent "when the body part or organ, or both, has not healed to function normally
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JEROME SHAW, JR. (13-04-0591, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 23, 2018
The Attorney General has not established any standard limiting resubmission. … at 55, and holding that the prosecutor is obliged to present clearly exculpatory evidence to a grand jury).
Cited 0 timesUnpublishedHOWARD GARTENBERG VS. CITY OF HACKENSACK (L-1915-20, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 25, 2021
Claims against a public entity for damages are governed by the TCA which defines the extent of the Legislature's waiver of sovereign immunity and "establishes the procedures by which claims may be brought." … Mendez, upon which plaintiff relies, is clearly distinguishable.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. EDUARDO LAGO(11-04-0450, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 1, 2017
Shaikh was qualified as an expert in forensic pathology. … Instead, defendant argued only that the State failed to establish beyond a reasonable doubt that he fired the gun.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 5, 2022
In the latter statement, the court clearly misspoke. … Given Forest Hill's failure to seek indemnification under the policy, and its clearly stated intention not to do so, plaintiff faces a substantial likelihood of harm—the irretrievable loss of any potential recovery under
Cited 0 timesUnpublishedTEDRA BIRCH VS. THE HANOVER INSURANCE COMPANY (L-6740-19, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 19, 2021
In performing our appellate review in this coverage setting, we are guided by several well-established principles. … Instead, as is clearly stated on its first page, the General Liability Endorsement "modifies the following: MISCELLANEOUS PROFESSIONAL LIABILITY POLICY."
Cited 0 timesUnpublishedState of New Jersey v. Jaquan L. Lee
New Jersey Superior Court Appellate Division · Apr 26, 2024
Further, the second PCR court found that defendant's argument his trial counsel was ineffective for failing to seek a jury instruction regarding Ingram's admission was clearly raised on direct appeal. … [DEFENDANT] ESTABLISHED GROUNDS FOR [A] NEW TRIAL. B. [DEFENDANT] ESTABLISHED GROUNDS FOR [PCR]. C.
Cited 0 timesUnpublishedM.T.S. TOWING, INC. VS. TOWNSHIP OF UNION (L-0242-16, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 25, 2019
Based on that statutory authority, the Township adopted an ordinance with various provisions that allows towing companies to apply for and, if qualified, obtain licenses to perform such towing within the municipality. … In November 2000, the Township Committee adopted Ordinance 4663, which established Chapter 505 of the Township's Municipal Code.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 19, 2019
The incident was investigated and established as to the father's neglect, but the Division did not remove the children at that time. … We certainly recognize the well-established objective of achieving the children's permanency.
Cited 0 timesPublishedSTATE OF NEW JERSEY VS. MARCUS J. COVINGTON (17-09-0163, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 20, 2021
Here, the facts are clearly distinguishable as Muraglia's references to "transactions" were made within a different contextual setting. … by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the application of the guidelines to the facts of [the] 9 Defendant does not dispute that he qualified
Cited 0 timesUnpublishedRegina Robinson v. Jersey City Board of Education
New Jersey Superior Court Appellate Division · Oct 31, 2025
On Friday, December 10, 2021 I spoke with Sabrina Harold, AA Officer and explained to her what happened, and that I am clearly upset and that I was "leaving" the building. … Under CEPA, Robinson must establish: 1.
Cited 0 timesUnpublishedState of New Jersey v. Shawn M. Simpson
New Jersey Superior Court Appellate Division · Jan 31, 2024
Central to both petitions, the judge concluded the petitions were "clearly" time-barred under Rule 3:22-12 and rejected defendant's contention that the exceptions contained in Rule 3:22-12(a)(1) applied. … We agree with Judge Amirata that defendant's "[i]gnorance of the law and rules of court does not qualify as excusable neglect," State v. Merola, 365 N.J. Super. 203, 218 (Law Div. 2002), aff'd, 365 N.J.
Cited 0 timesUnpublishedR.K. VS. J.L. (FD-15-0010-17, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 14, 2021
The judge noted that both parties spent considerable time with A.K. which underscored "the importance of shared physical custody of A.K., who clearly enjoys the time spent with both parents." … A parent's enumerated rights on custodial matters are qualified, however, by the multiple factors set forth in N.J.S.A. 9:2-4, which require courts to evaluate the child's best interests. See Faucet v.
Cited 0 timesUnpublished391 N.J. Super. 322 · New Jersey Superior Court Appellate Division · Mar 22, 2007
[B.H.] is clearly having psychological difficulty. … Having established that B.H. possessed the right to counsel, we now need to determine whether she was effectively represented.
Cited 36 timesPublishedLINDA L. FELTON VS. GARY M. FELTON (FM-15-0758-16, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 23, 2019
One order held plaintiff in violation of litigant's rights for refusing to sign a proposed Qualified Domestic Relations Order (QDRO) and Court Order Approved for Processing (COAP)1 regarding the equitable distribution … "Marx established the formula for allocating the marital share of a deferred distribution pension." Panetta v. Panetta, 370 N.J. Super. 486, 496, 498 (App.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 19, 2018
At trial, the State also called a State Police forensic scientist who was qualified as an expert in DNA analysis. … We prohibit the use of "evidence both for sentencing purpose and to establish an element of an offense." State v. Kromphold, 162 N.J. 345, 353 (2000).
Cited 0 timesUnpublishedPIERS VAUGHAN VS. PAUL SIEGEL (DJ-048972-12, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 24, 2018
An abuse of discretion occurs when a decision is "made without a rational explanation, inexplicably depart[s] from established policies, or rest[s] on an impermissible basis." U.S. Bank Nat'l Bank Ass'n v. … We next address defendant's argument the statute of limitations on plaintiff's claim has expired, and that plaintiff was not qualified to seek unpaid wages. We reject both contentions.
Cited 0 timesUnpublished
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