Case law
Opinions from 1658 to today.
5,442 results
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New Jersey Superior Court Appellate Division · Sep 19, 2018
Jones did not intend to make an inter vivos transfer of the Account to defendant because the record "clearly establishe[d]" that Mrs. Jones retained her full interest in the Account. The judge noted that both Mrs. … Sciolla also states that Hutchison is qualified to serve as lead counsel in this case. He asserts Hutchison has special expertise in this "type of case" and defendant had asked him to represent her in this litigation.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JAQUAN A. SUBER (17-12-1637, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 11, 2020
We review therefore for plain error, only reversing if the error is "clearly capable of producing an unjust result." R. 2:10-2. … He asserts the officers' testimony was clearly capable of producing an unjust result and deprived him of his right to a fair trial.
Cited 0 timesUnpublishedLORI B. LICHTER VS. BRAD E. LICHTER (FM-13-136-93, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 23, 2017
Arrigo, 88 N.J. 529 (1982), which she asserts establishes her right to receive both child support and contribution to graduate school. … The Court added "[i]n general, financially capable parents should contribute to the higher education of children who are qualified students.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Sep 1, 2017
Surveillance established the plan was in progress when the rental car was stopped by police. The exigency arose out of the need to locate that gun and thwart the murder plot. … DeVirgiliis was qualified as an expert specifically "in the history, structure, rules, regulations, practices, terminology and dynamics of the Bloods street gang."
Cited 0 timesUnpublishedSHAKEEM MALIK HOLMES VS. JERSEY CITY POLICE DEPARTMENT (L-0696-14, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 8, 2020
This was clearly the result of plaintiff's lawsuit. The lawsuit was a catalyst to the JCPD's changes in policy. See State v. Hudson Cty. Register, 422 N.J. Super. 387, 394 (App. … Div. 2011) ("A plaintiff may qualify as a prevailing party, and thereby be entitled to a fee award, by taking legal action that provides a 'catalyst' to induce a defendant's compliance with the law.").
Cited 0 timesUnpublishedIn re Adoption of N.J.A.C. 5:94
390 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jan 25, 2007
Households with incomes only slightly higher than those who qualify as low- or moderate-income will also be affected. … The court did establish a time limit, sixty days, for adoption of an appropriate rule. Ibid.
Cited 21 timesPublishedSTATE OF NEW JERSEY VS. HAKEEM S. GAMBLE (16-04-0294, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 23, 2021
Reversal is warranted only when the judge's determination is "so clearly mistaken 'that the interests of justice demand intervention and correction.'" Ibid. (quoting Johnson, 42 N.J. at 162). … was not "required to ignore the extent of his criminal history when considering applicable aggravating factors," particularly where it was undisputed that defendant "had more than the requisite number of offenses to qualify
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jan 12, 2021
Pauline qualified for services, and Jade was receiving therapy and classified as Preschool Disabled. … and convincingly established that defendant was unable or unwilling to eliminate the harm, we do not endorse it.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. H.H. (16-04-1062, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Oct 24, 2018
The fresh-complaint rule was established "to allow the State to meet in advance the negative inference which would be drawn from the absence of evidence that the [child] victim reported the [sexual abuse] to one to whom … Our Supreme Court has described fresh-complaint evidence as follows: [T]o qualify as fresh[-]complaint, the victim's statements to someone she would ordinarily turn to for support
Cited 0 timesUnpublishedNetwork Infrastructure Technologies, Inc. v. Hackensack University Medical Center
New Jersey Superior Court Appellate Division · Nov 4, 2024
A-1032-21 3 In the MSA, plaintiff agreed "that its personnel performing services shall be qualified and trained to, and shall fulfill the requirements set forth in the [statements … Although specific language is not required, the disclaimer must clearly advise the employee that the employer has the power to terminate employment "with or without cause." Id. at 309.
Cited 0 timesUnpublishedState of New Jersey v. Deepa Rao
New Jersey Superior Court Appellate Division · Jan 9, 2025
The municipal court judge found the State established by clear and convincing evidence that Koda was potentially dangerous "under the statute . . . for a number of reasons." … Clearly, the provision makes this safeguard mandatory, and neither the municipal court nor the Law Division erred in imposing the condition.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 3, 2017
Judge McGovern wrote: [Sass Muni's] contention that HTMUA's sewer lien is not of the same type of municipal lien as its tax sale certificate is clearly contradicted by the Court in … Hardyston countered "that this [c]ourt and two other [c]ourts have already established that satisfaction of all municipal utility authority liens and municipal tax liens, include the municipal sewer allocation charges.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 31, 2018
If a hearing is held and 1) the allegation of falsity or reckless disregard is established by a preponderance of the evidence and 2) without the false material the affidavit is insufficient to establish probable cause, … In finding this factor, the court here stated that "the proofs in this case clearly indicated [Stevenson] was involved clearly in organized criminal activity."
Cited 0 timesUnpublishedState of New Jersey v. Merrill C. Spencer
New Jersey Superior Court Appellate Division · Aug 6, 2024
It is well-established the consideration of aggravating and mitigating factors must be part of the deliberative process. State v. Dalziel, 182 N.J. 494, 505 (2005); State v. Cassady, 198 N.J. 165, 180 (2009). … Read, we question[ed] whether a confession qualifies as "cooperation" [for purposes of mitigating factor twelve], at least in the absence of any indication the confession identified
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 18, 2022
On January 26, 2021, the Commissioner issued a final decision, which concluded there was sufficient credible evidence that Richardson violated the statute, and Richardson failed to establish the SEC's decision was arbitrary … However, A-1748-20 12 the Commissioner correctly notes that the Legislature did not include suc h qualifying
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. DARNELL STEWART (05-08-3205, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 5, 2017
At trial a State Police chemist, qualified as an expert in biological stain analysis, testified that B.S.' … In light of the defense strategy, DNA testing of the additional specimens was not a no-risk or clearly advantageous option.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 26, 2019
Rogoshewski temporarily assigned a similarly-qualified male as blotter officer. … Instead, the testimony was presented to establish that the rumor, whether true or not, was circulating and openly discussed at NJSP.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. A.F. (17-02-0117, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 17, 2021
There is ample support in the record for the trial court's determination that A.F. failed to establish vindictiveness. … s crimes fall into the narrow category of offenses that qualify for a reduction in degree for sentencing purposes and for which the presumption of incarceration has been overcome.
Cited 0 timesUnpublishedGINA RILEY VS. BOARD OF TRUSTEES, ETC. (TEACHERS' PENSION AND ANNUITY FUND)
New Jersey Superior Court Appellate Division · Nov 10, 2021
"A teacher with a disabling mental condition may qualify for ordinary disability retirement benefits." Ibid. … If the Board rejects the ALJ's findings, it must "state clearly the reasons for doing so." N.J.S.A. 52:14B-10(c).
Cited 0 timesUnpublishedSantos v. First Nat'l State Bk. of NJ
186 N.J. Super. 52 · New Jersey Superior Court Appellate Division · Aug 26, 1982
The record does not establish whether plaintiff indorsed the check before putting it in the mail or, if indorsed, how it was indorsed. … The equities clearly favor awarding plaintiff prejudgment interest.
Cited 27 timesPublished
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