Case law
Opinions from 1658 to today.
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458 N.J. Super. 147 · New Jersey Superior Court Appellate Division · Feb 13, 2019
s] criminal behavior qualifies as repetitive and compulsive under the statute. It is more likely that antisocial, sadistic and narcissistic motivations drove his criminal sexual behavior." … The judge found the State clearly and convincingly proved its case for civil commitment.
Cited 26 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 3, 2019
A-2868-17T1 6 "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 … Typically, "the [Division] should offer testimony of a A-2868-17T1 9 well[-]qualified expert who has had
Cited 0 timesUnpublishedHopewell Borough v. Hopewell Township
New Jersey Superior Court Appellate Division · Aug 21, 2025
First, municipal ordinances are presumed to be valid, and the presumption of validity may not be overcome unless the ordinance is "clearly arbitrary, capricious or unreasonable, or plainly contrary to fundamental principles … It states in pertinent part: Every urban renewal entity qualifying under this act, before proceeding with any projects, shall make written application to the municipality for approval
Cited 0 timesUnpublishedJOSEPH DIRENZO VS. STEVEN KATCHEN (L-1990-10, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 1, 2017
Plaintiff's counsel clearly stated he was pursuing the "[n]egligence" claim against Brooks, and the judge considered the issue, ultimately concluding "Reilly's testimony failed to establish the standard of care of a closing … He clearly set forth the duties of a settlement agent.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Apr 3, 2024
ascribing an incorrect figure to the judge's alimony and child support determinations; (2) ordering equitable distribution of the marital home; (3) requiring the parties' retirement accounts distributed pursuant to a Qualified … During trial, defendant attempted to establish plaintiff owned real estate in China, but could not identify the property.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 25, 2021
Biller was qualified purely as a CSAAS expert and provided testimony as to each of the five preconditions encompassed within the syndrome. … The Court established certain factors for a court to use when deciding whether a false accusation is admissible. Ibid.
Cited 0 timesUnpublishedState of New Jersey v. Thomas J. Dinapoli
New Jersey Superior Court Appellate Division · Jan 28, 2025
In an amplification submitted pursuant to Rule 2:5-1(d), the court explained it had denied the State's motion in part because "[c]ausation is clearly a fact issue in this case" and because the State "intend[ed] to present … "[T]he State must also establish that the recklessness caused the death." State v. Parkhill, 461 N.J. Super. 494, 501 (App. Div. 2019).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 5, 2018
After the judge evidently determined that the submission of the CNMCC was not mandatory, she applied the two-prong materiality test for local government contracts7 established in Township of River Vale v. R.J. … Had the Legislature intended that subcontractors' CNMCCs be submitted with bids for public school contracts, it clearly would have incorporated that requirement into the statute.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. GABINO RIVERA (13-01-0020, UNION COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Nov 13, 2017
"In order to qualify as fresh-complaint evidence, the victim's statement must have been made spontaneously and voluntarily, within a reasonable time after the alleged … "The sentencing court must not only ensure that facts necessary to establish the elements of the defendant's offense are not double-counted for purposes of sentencing," but its analysis must be "clearly
Cited 0 timesUnpublishedFranklin v. NJ DEPT. OF HUMAN SERV.
225 N.J. Super. 504 · New Jersey Superior Court Appellate Division · May 31, 1988
This last, the Commissioner explained, will provide "a `safety net' for those who exhaust, or do not qualify for other programs of service to the homeless." … No one can argue with his view of welfare motels, and clearly, his determination to find other ways to shelter the homeless, both temporarily and permanently, is an effort which must be supported.
Cited 10 timesPublishedNEAL SILBERBERG VS. FEDERATED HOMES (L-7971-16, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 20, 2019
Plaintiff further testified that McDaniel needed to reduce his student loan debt before he could qualify for a mortgage and plaintiff "helped him get that qualification so he could buy the house." … "[A] constructive trust is a powerful tool to be used only when the equities of a given case clearly warrant it." Flanigan, 175 N.J. at 611.
Cited 0 timesUnpublishedTiger Revitalization Fund, LLC v. 309 Pine Plaza, LLC
New Jersey Superior Court Appellate Division · Nov 24, 2025
Our review of the trial court's ruling is guided by several established principles. … For a party's conduct to constitute waiver, the conduct should demonstrate waiver "clearly, unequivocally and decisively." Id. at 277.
Cited 0 timesUnpublishedMICHAEL D. HEFFERNAN VS. ROBERTA L. STONEHILL, ESQ. (L-3170-15, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 26, 2020
Moreover, as the second motion judge noted, Cavallaro's claim of a Borough agent's illegal trespass related to an incident more than twenty years old which the statute of limitations clearly barred. … The judge also found that because the matter was not a legal malpractice case, Cavallaro's expert was not qualified to opine as expert pursuant to N.J.R.E. 702.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. TIMOTHY M. LEWIS (14-08-0975 and 14-08-0976, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Oct 20, 2021
In response to questions from Jones, defendant acknowledged he was giving a statement "of [his] own freewill and accord" and "[w]ithout force, fear, threat, duress or promise of reward, immunity and leniency." … The law enforcement officer's perspective is a factor in assessing whether a reasonable, articulable suspicion is established. State v. Nishina, 175 N.J. 502, 511 (2003).
Cited 0 timesUnpublishedState of New Jersey v. Eric T. Seddens
New Jersey Superior Court Appellate Division · Apr 2, 2026
That said, we reiterate that certain prior bad acts may be admissible as proof of identity under New Jersey law without qualifying as "signature crimes." … We do not regard the reference as one that would have been "clearly capable" of leading to an unjust verdict. R. 2:10-2.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Nov 28, 2018
"If, however, the defendant's statement is unnecessary to prove defendant's guilt because there is other evidence that clearly establishes guilt, or if the defendant has acknowledged the truth of his statement, the failure … Additionally, there was substantial evidence presented at trial, which clearly established defendant's guilt, namely, the discovery of drugs packaged for distribution on his person and the materials to package and distribute
Cited 0 timesUnpublishedMatter of Market Transition Facility
252 N.J. Super. 260 · New Jersey Superior Court Appellate Division · Nov 19, 1991
Its principal purpose was to assure access to automobile insurance at standard market rates to qualified persons who could not otherwise obtain insurance. N.J.S.A. 17:30E-2. … Although he does not argue that he has that authority, it is useful to rule clearly that he does not. We defer to reasonable exercises of administrative agency expertise. Henry v.
Cited 10 timesPublishedNew Jersey Superior Court Appellate Division · Oct 22, 2018
Brandwein was qualified as an expert in this case. … Based upon the testimony of Penny and defendants, there was clearly a question of paternity that was properly and unquestionably resolved by genetics testing. See N.J.S.A. 9-17-48(d); see also D.W. v.
Cited 0 timesUnpublishedTERRENCE CROWDER VS. BOARD OF TRUSTEES (POLICE AND FIREMEN'S RETIREMENT SYSTEM)
New Jersey Superior Court Appellate Division · May 10, 2019
The Court noted that the Legislature "intended to make clear that a pre-existing condition that, in connection with work effort, caused injury would not qualify as an accident" under the statute. Id. at 199. … Thus, an applicant must establish a direct connection between the traumatic event and his current disability by a "preponderance of the believable evidence." Russo v.
Cited 0 timesUnpublishedIn the Matter of the Estate of K.T. Chao
New Jersey Superior Court Appellate Division · Feb 27, 2024
In Stockdale, the Court explained that where a challenger to a will establishes a confident ial relationship and suspicious circumstances by a preponderance of the evidence , and thereby establishes a presumption of undue … Moreover, the court clearly accepted Daniel's testimony that decedent had engaged in physically assaultive behavior prior to his execution of the will on January 17, 2018.
Cited 0 timesUnpublished
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