Case law
Opinions from 1658 to today.
5,442 results
0.66s
New Jersey Superior Court Appellate Division · Sep 1, 2022
Therefore, he qualified for social security disability benefits. On the third day of each month, Hessian would go to the bank and withdraw his disability payments. … An offense is an included offense when: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
Cited 0 timesUnpublishedUS Bank Cust for Pc7 Firstrust Bank v. Block 5.04, Lot 16, Etc.
New Jersey Superior Court Appellate Division · Dec 15, 2023
The record on remand establishes plaintiff tried repeatedly to have the court convene an evidentiary hearing to allow it to establish the property's dilapidated condition in 2018, and Sam's repeatedly (and erroneously) … as abandoned in 2018 — it cannot establish entitlement to the same relief on this appeal.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. THADDEUS T. REEVEY (12-09-1583, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 25, 2019
A videotape "qualifies as a writing[]" under N.J.R.E. 801(e) and must be "properly authenticated" before being admitted. See State v. Wilson, 135 N.J. 4, 17 (1994). … The photographer or videographer need not testify "because the ultimate object of an authentication is to establish its accuracy or correctness." Wilson, 135 N.J. at 14.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. O.P.-B. (16-09-1503, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jan 6, 2022
If the application is approved, temporary immigration status can also be granted for qualifying family members. Id. at 5. … "Under that standard, we disregard any alleged error 'unless it is of such a nature as to have been clearly capable of producing an unjust result.'" Ibid. (quoting R. 2:10-2).
Cited 0 timesUnpublishedLUCIA COLACURTO v. ANTHONY COLACURTO (FM-02-2627-17, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 31, 2022
Indeed, the judge highlighted: You have to establish harm to the child. Okay? … Div. 1991) (recognizing "[w]here two clauses in a contract clearly conflict, the more specific provision . . . usually controls over the more general").
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Apr 8, 2025
Cesare" where the Court held that "an ambiguous incident qualifies as prohibited conduct A-1748-23 14 … s mother clearly contradicted herself and exaggerated the severity of I.L.'s reaction for purposes of the domestic violence hearing.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. RESHAUN K. HENRY (17-11-1489, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Dec 4, 2020
During the first trial, Sergeant Jason Hornstra of the Bergen County Prosecutor's Office Narcotics Task Force was qualified as an expert witness for the State. … Conduct is egregious when it is "clearly and unmistakably improper" and substantially interferes with a jury's ability to fairly evaluate the merits of the defense. Ibid.
Cited 0 timesUnpublishedJORGE GARCIA VS. HARDY LAWRENCE (L-3178-17, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 28, 2020
One A-3566-18T2 11 type of qualifying injury is a "permanent injury 4 within a reasonable degree of medical … A-3566-18T2 12 not establish prima facie evidence of a permanent injury either warranting a trial or precluding summary judgment. Rios v. Szivos, 354 N.J.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Mar 16, 2026
Evidence is probative under N.J.R.E. 401 "when it has a tendency 'to establish the proposition that it is offered to prove.'" State v. Burr, 195 N.J. 119, 127 (2008) (quoting State v. Allison, 208 N.J. … The State failed to establish the relevance of these statements and portions of the statements were cumulative. Further, C.C.'s statements identifying defendant and portions of Dr.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. HERBERT E. TOZER (17-03-0223, CAPE MAY COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 2, 2021
Defendant's statement that "it ain't gonna matter, I can't afford an attorney anyway" immediately qualified his statement, "Maybe I should wait for an attorney." … We agree with the motion court's determination that those circumstances established defendant made a clear and unequivocal decision to speak to the detective "without an attorney."
Cited 0 timesUnpublishedState of New Jersey v. Ralph G. Bouzy
New Jersey Superior Court Appellate Division · Jun 24, 2026
"It is well-established that a lay witness may give his opinion in matters of common knowledge and observation." LaBrutto, 114 N.J. at 197. … Defense counsel objected to this testimony on the grounds Scanlon was not qualified as a firearms expert and this testimony was outside the ken of the average juror.
Cited 0 timesUnpublishedJAMES KENNEDY, II VS. WEICHERT CO. (L-2266-19, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 2, 2021
The complaint does not clearly say that Weichert subtracted these expenses from his commissions, rather than "required" him to pay the expenses after he received his commissions. … The Re/Max Court declared in 2000 that the Brokers Act established an employer-employee relationship.
Cited 0 timesUnpublishedLeon Brooks v. Rutgers, the State University of New Jersey
New Jersey Superior Court Appellate Division · Aug 7, 2025
The scope of our review is limited and well-established. … She emphasized that Rutgers once hired petitioner as qualified to perform the physically rigorous maintenance role after "passing a prework physical."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. YOHER A. JIMENEZ (11-07-1355, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 17, 2020
The Bergen County medical examiner (ME), qualified as an expert in forensic pathology, presented her autopsy findings to the jury. … Castagna, 187 N.J. 293, 314 (2006), we conclude defendant has not established his counsel's performance was deficient.
Cited 0 timesUnpublishedNANCY SISCO VS. CHAN W. PARK, M.D. (L-0789-16, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 26, 2021
Morris admitted on cross-examination that although he had performed many tracheostomies, he was not qualified to and had never performed the same surgery as that which defendant performed on Rosa. … We address them seriatim by first recognizing the "well- established principle that '[e]videntiary decisions are reviewed under the abuse A-4442
Cited 0 timesUnpublishedBRUCE STEVENS VS. MARY K. GONZALEZ (L-649-13, SUSSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 13, 2017
Gutkin, a qualified expert in physical medicine and rehabilitation, to prove his damages. Dr. … It is well established that a proper jury charge is essential to a fair trial. Reynolds v. Gonzalez, 172 N.J. 266, 288 (2002); Navarro v. George Koch & Sons, Inc., 211 N.J. Super. 558, 570 (App.
Cited 0 timesUnpublished320 N.J. Super. 425 · New Jersey Superior Court Appellate Division · Apr 22, 1999
The newly scheduled date, October 16, 1996, at 9:00 a.m., was emphatically established "with no further adjournments." … Only two instances are even remotely eligible for such treatment, and neither, on analysis, qualifies.
Cited 28 timesPublishedNew Jersey Superior Court Appellate Division · Apr 22, 2021
Trott's diagnosis established, Sara was experiencing physical manifestations from her separation anxiety starting in April 2019. … Div. 2014) (stressing the need for "well[-]qualified expert" testimony concerning bonding evaluations (quoting In re Guardianship of J.C., 129 N.J. 1, 19 (1992))); L.J.D., 428 N.J. Super. at 492.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 21, 2018
"clearly mistaken" or wide of the mark.'" Parish v. Parish, 412 N.J. Super. 39, 48 (App. Div. 2010) (quoting N.J. Div. of Youth & Family Servs. v. E.P., 196 N.J. 88, 104 (2008)). … "In general, financially capable parents should contribute to the higher education of children who are qualified students."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. YOHER A. JIMENEZ (11-07-1355, BERGEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 17, 2020
The Bergen County medical examiner (ME), qualified as an expert in forensic pathology, presented her autopsy findings to the jury. … Castagna, 187 N.J. 293, 314 (2006), we conclude defendant has not established his counsel's performance was deficient.
Cited 0 timesUnpublished
Ask Donna