Case law

In the Matter of the New Jersey Firemen's Association

New Jersey Superior Court Appellate Division · Dec 18, 2015

relief under L. 1989, c. 154, as it lacked a private right of action).5 Courts in other jurisdictions applying comparable provisions of their declaratory judgment acts have clearly … The payments are not salary or remuneration for employment, although they are a benefit for qualified firefighters — including, notably, volunteer firefighters —

BERMAN, SAUTER, RECORD & JARDIM, PC, ETC. VS. ART ROBINSON (L-1181-08, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Mar 26, 2019

Apell, qualified as an expert in the field of real estate and accepted standards of legal practice in real estate matters. … Apell explained that in the Chancery judge's opinion denying DTH summary judgment, the judge "clearly indicated . . . DTH did nothing wrong."

STATE OF NEW JERSEY VS. NYJE JOHNSON STATE OF NEW JERSEY VS. JEAVONTE M. DENNIS (15-08-1070, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED)

New Jersey Superior Court Appellate Division · Mar 30, 2020

When initially qualified to serve on the jury, Juror 12 said she once sat on a grand jury. … The record establishes the jury was devoid of black jurors. It does not establish whether co-defendants were tried by an all-white jury.

Michael Bergin v. New Jersey Department of Labor and Workforce Development

New Jersey Superior Court Appellate Division · Jan 16, 2024

As the ALAJ explained: [G]iven the clearly express language in the UCL, that through commissions which are not the exclusive source of brokers' incomes, and through the monies … Under the UCL, payments to qualified unemployed persons "are made out of a fund which is financed by contributions thereto by employers and workers based on the wages paid and received as specified in the law."

City of Plainfield v. Fmba Local 7

New Jersey Superior Court Appellate Division · Jul 11, 2024

We are bound to accept the trial court's factual findings unless "clearly erroneous." Del Piano v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 372 N.J. Super. 503, 507 (App. … We reject the City's contention that the one statement by the arbitrator in his written decision establishes partiality or even the appearance of partiality.

Dcpp v. A.B.N. and G.R.F., in the Matter of the Guardianship of J.F.F.

New Jersey Superior Court Appellate Division · Mar 3, 2026

George has not demonstrated the particular testimony about which he now complains was "clearly capable of producing an unjust result." R. 2:10-2. … To establish an ineffective-assistance-of-counsel claim, a defendant must meet the two-prong test established in Strickland v.

State of New Jersey v. Western World, Inc.

440 N.J. Super. 175 · New Jersey Superior Court Appellate Division · Mar 30, 2015

The Legislature clearly intended to expand the universe of offenses triggering the right to counsel at public expense for indigent defendants. … Other states have defined the class of indigent defendants eligible for appointed counsel at public expense such that only natural persons could qualify. See e.g., Alaska Stat.

STATE OF NEW JERSEY VS. DERRICK T. BECKETT (16-03-0201, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 26, 2019

The State elicited the testimony without having Sanchez-Monllor qualified as an expert. … Marshall, 148 N.J. 89, 240 (1997) ("[T]he fact that a warrant was issued might necessarily be put before a jury in order to establish that the police acted properly.").

S.H. VS. W.H. (FM-02-0441-15, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 20, 2019

Regardless A-0404-17T1 8 of whether these qualify as "domestic violence" under N.J.S.A. 2C:25-19(a), there … [t]he exercise of such discretion will not be disturbed on review unless it has been clearly abused." Ibid.

Pond Run Watershed Ass'n v. Tp. of Hamilton Zoning Bd.

397 N.J. Super. 335 · New Jersey Superior Court Appellate Division · Jan 10, 2008

The site would also include four two-story buildings with "age qualified" garden apartments for residents fifty-five and older. Each building would have thirty-two bedroom units. … The notice's generic allusion to "retail/office units" would not reasonably alert a recipient of the notice that such a dining establishment was anticipated.

STATE OF NEW JERSEY VS. WILLIE R. RAINS (16-12-1226, BURLINGTON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 23, 2019

It may, however, be used "to establish repeat-offender status under DWI laws." Ibid. … Even though he was sentenced as a first offender under the motor vehicle provisions, the 2016 DWI conviction clearly and unambiguously constituted defendant's second DWI conviction.

DOROTHY THOMAS VS. DAVID THOMAS (FM-11-0264-01, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 19, 2020

An administrative hold was placed on the EMPP and the parties' settlement discussions regarding the asset was whether defendant would buyout plaintiff's interest or execute a Qualified Domestic Relations Order (QDRO) to … Regardless of word choice, the letter clearly indicates some portion of the EMPP was subject to equitable distribution.

SUSAN GIGLIOTTI VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)

New Jersey Superior Court Appellate Division · Feb 24, 2021

A party asserting a facial challenge to the constitutionality of a regulation under the void for vagueness doctrine "must establish that no set of circumstances exists under which the [regulation] would be valid . . . or … The investigating officer shall also read the charge to the inmate, inform the inmate of the inmate's use immunity rights, take the inmate's plea, and ask if the inmate wishes to make a

Mary Rose 22, LLC v. Block 270, Lot 14 65 Claremont Ave

New Jersey Superior Court Appellate Division · May 30, 2025

We are satisfied that the unique facts in the present matter qualified this tax sale foreclosure as pending further review before the court. … We express no opinion as to the ultimate outcome other than discerning genuine factual disputes clearly exist.

In the Matter of County of Essex and Fop Lodge 106

New Jersey Superior Court Appellate Division · May 7, 2024

Under the SHBP Act, N.J.S.A. 52:14-17.25 to -17.46, the SHBP offers health insurance to qualified State and local employees, retirees, and eligible … PERC found the employer's CNA "d[id] not clearly give [it] an 'on balance' option," and that because some benefits were reduced, an unfair labor practice had occurred. Ibid.

IN THE MATTER OF THE ESTATE OF EDWARD J. VALENTINE, SR. (P-000041-17, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 27, 2018

In particular, she argues "total net estate" includes probate and non-probate assets, which would have qualified her to purchase the house outright at the appraised value. … "However, '[a] trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference.'" Ibid.

IN THE MATTER OF LAKEWOOD TOWNSHIP FIRE DISTRICT 1 (LOCAL FINANCE BOARD, DEPARTMENT OF COMMUNITY AFFAIRS) (NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS)

New Jersey Superior Court Appellate Division · Jan 31, 2019

The statute states a qualified voter shall be entitled to vote using a mail-in ballot "in any single election held in this State." N.J.S.A. 19:63-3(a)(2). … Title 19 defines a "[f]ire district election" as "an election to be held in and for a fire district established pursuant to [N.J.S.A. 40A:14-70 to -105.1]." N.J.S.A. 19:1-1.

GMAC MORTGAGE, LLC VS. JESSICA L. PERYEA(F-036302-08, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Nov 17, 2017

They have clearly benefited by having the original loan paid off, and to vacate this judgment in their favor would clearly be prejudicial and inequitable to the [p]laintiff. … However, the one-year limitation for subsections (a), (b), and (c) does not mean that filing within one year automatically qualifies as "within a reasonable time." Orner v. Liu, 419 N.J.

MAYA ITZHAKOV VS. DAVID SEGAL (L-3022-17, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 28, 2019

In particular, a contractual waiver of the right to pursue a claim in court must be "clearly and unmistakably established." Id. at 444 (quoting Garfinkel v. … As the agreement did not expressly assign to the Rabbinical Court the task of determining what qualifies as an issue of Jewish law – as distinct from the task of resolving such issues – it is the court's presumptive responsibility

STATE OF NEW JERSEY VS. ADRIAN ZIMMERMAN (13-03-0605, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · May 23, 2017

"Unless both parts of the test are established, defendant's claim must fail." State v. Echols, 199 N.J. 344, 358 (2009). … We recognize "a medical diagnosis of a broken nose does not necessarily qualify the harm . . . as 'serious bodily injury.'" State v. Kane, 335 N.J. Super. 391, 399 (App.