Case law
Opinions from 1658 to today.
5,442 results
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ILANA PERETZ VS. RUDRANI K. BELNEKAR, M.D. (L-0144-15, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 15, 2020
Nurse Kimberly Mikula was presented and qualified as an expert on the standard of care for an emergency room nurse. … That presumption is not overcome unless the party "clearly and convincingly" establishes that the award represents a "miscarriage of justice." Ibid. (quoting Baxter, 74 N.J. at 596); see also R. 4:49-1(a).
Cited 0 timesUnpublishedNewark Fire Officers Union, Local 1860, Iaff, Afl-Cio v. City of Newark, Etc.
New Jersey Superior Court Appellate Division · Dec 3, 2024
The ambiguity arises from the drafters' decision to qualify that statement by providing the lump sum payment is one hundred percent of the City's cost "had the retiree remained on the payroll under the current procedure … Some of these documents clearly bear the stamp of more time spent cultivating private rather than taxpayer interests.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 29, 2024
Finkle was qualified as an expert in pediatrics and "the medical diagnosis [and] treatment of child abuse." … s testimony was not clearly capable of producing an unjust result.
Cited 0 timesUnpublishedMichael A. Ursitti v. James H. Wilson
New Jersey Superior Court Appellate Division · Feb 8, 2024
"Although such campaigns primarily involve only discomfort and annoyance—and therefore cause relatively little harm, as compared to other categories of interferences—they qualify as a private nuisance because the harassment … When weighed against its tangible effects on defendants—that is, reluctance on the part of themselves and their invitees to fully utilize their driveway due to intimidation—the balance of the equities clearly favors defendants
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 19, 2021
Under the UCC, to qualify as a holder in due course, the holder of an instrument must have taken "the instrument for value, in good faith, without notice that the instrument is overdue or has been dishonored,"5 or "contains … Clearly, a licensee's 6 cashing of a check in violation of the CCRA does not satisfy the licensee's obligation of "good faith" under the UCC as a matter of law. In Valley Nat'l Bank v. P.A.Y. Check Cashing, 378 N.J.
Cited 0 timesUnpublishedDcpp v. N.M. and W.P., in the Matter of the Guardianship of N.P.
New Jersey Superior Court Appellate Division · Dec 5, 2024
The court may reverse a factual finding only if there is "'a denial of justice' because the family court's 'conclusions are [ ] "clearly mistaken" or "wide of the mark."'" Parish v. Parish, 412 N.J. … However, the "interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan Realty, L.P. v. Twp.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. DEMETRIUS C. COPE (06-10-1455, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 11, 2019
In our review, we accord "no special deference to a trial judge's 'interpretation of the law and legal consequences that flow from established facts[.]'" DiAngelo, 434 N.J. … If these three facts are established, "the sentencing court is obligated to award gap-time credits," rather than jail credits. Ibid.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 12, 2021
Rahway State Prison, 81 N.J. 571, 579 (1980)), we reverse an agency's decision "only in those rare circumstances in which an agency action is clearly inconsistent with its statutory mission or other state policy," In re … Again, there was no job description or other documentary proof , including the Board resolution appointing Saylor to the position, that established the position was "confidential."
Cited 0 timesUnpublishedPrinceton Neurological Surgery, P.C. v. Horizon Blue Cross Blue Shield of New Jersey
New Jersey Superior Court Appellate Division · Jan 17, 2024
PNS asserts the court clearly had jurisdiction because a provider cannot appeal a claim to the Commission. It notes the assignment of benefits signed by patients does not cure the standing issue either. … "A trial court's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference." Manalapan Realty, L.P. v.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 25, 2017
The record supports his ruling that the Division established these prongs. Dr. Charles Hasson was qualified at trial as an expert in psychology. … The judge's denial of the motion for relief from judgment was not wide of the mark or clearly mistaken to warrant our intervention; it was a measured and supported decision.
Cited 0 timesUnpublishedState of New Jersey v. Michael D. Ivancich
New Jersey Superior Court Appellate Division · Jan 10, 2025
Violations Two through Six Defendant next argues that to establish VOPs two through six, "the State's dependence on hearsay worsened" through its utilization of Toney's testimony. … sentencing A-3016-22 24 principles set forth in the Code and defined in our case law, its discretion [is] immune
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 7, 2021
Clear and convincing evidence "should produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established." … Chiodo was qualified as an expert in child psychiatry and was competent to testify about A.P.'s mental health history, diagnoses, treatment plan, medication, and the need for continued commitment. Testimony by A.P.'
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. P.K. (14-05-0539, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Nov 8, 2019
The record clearly establishes that defendant did not object during the second trial to the testimony of Sarah, Mary, Walz, Mason, Duca, and Pelliccia on N.J.R.E. 403 grounds. … expert testimony without being qualified as an expert." As defendant, again, raises the issue for the first time on appeal, we apply the plain error standard of review, see State v.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. ALLEN M. KUNTZ (84-04-0403, MERCER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 29, 2020
In March 2014, the full Board "denied parole and determined that establishment of a future eligibility term (FET) within the presumptive schedule was clearly inappropriate due to [Kunz's] lack of satisfactory progress … Bass, has addressed the type of sentence that may qualify as a de facto life term. 457 N.J. Super. 1, 13 - 14 (App. Div. 2018), certif. denied, 238 N.J. 364 (2019).
Cited 0 timesUnpublishedPETER MARKOU VS. CALIBER HOME LOANS, INC. (L-2360-18, HUDSON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 1, 2020
In that regard, pertinent to this appeal, in order to establish a prima facie case of negligence, a plaintiff must establish: (1) a duty of care; (2) breach of that duty; (3) proximate cause; and (4) damages. … Plaintiff also argues that the property does not qualify for a residential "exception from the snow removal requirement" under the factors delineated in Grijalba, 431 N.J. Super. at 73.
Cited 0 timesUnpublishedALLSTATE NEW JERSEY INSURANCE COMPANY VS. GREGORIO LAJARA (L-4091-08, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 8, 2019
Here, the August 31, 2016 final order clearly incorporated the December 8, 2015 and April 4, 2016 interlocutory decisions as the final order was entered against APDI and Patel "based upon Dr. … A-1151-16T4 35 qualified registered physician and somebody is going to pay the bill APDI would perform the MRI testing."
Cited 0 timesUnpublishedJAMIELYN GERARD VS. BOARD OF REVIEW, DEPARTMENT OF LABOR (BOARD OF REVIEW, DEPARTMENT OF LABOR)
New Jersey Superior Court Appellate Division · Sep 12, 2017
In the next sentence, the owner qualified this statement by noting that claimant did express that she had a problem with the warehouse manager "whistling . . . in the warehouse." … "The burden of proof is on the claimant to establish good cause attributable to such work for leaving." N.J.A.C. 12:17- 9.1(c).
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jun 25, 2021
We therefore find the State established probable cause. … While defendant had qualifying prior convictions, some were entered prior to 2000.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. TIMOTHY T. KNIGHT (15-11-2737, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 7, 2020
Martinson opined defendant "was suffering from diminished capacity at the time of the[] events and his conduct did not meet the specific intent needed to establish a murder conviction." … Once a defendant meets the statutory criteria to qualify as a persistent offender under N.J.S.A. 2C:44-3, "the range of sentences, available for imposition, starts at the minimum of the ordinary-term range and ends at the
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. S.D. (14-04-0258, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Mar 2, 2020
Gladibel Medina, who was qualified as an expert in child abuse pediatrics. Dr. Medina testified that she met with S.B. and her mother for "diagnosis and treatment." S.B. told Dr. … Defendant failed to A-3282-16T4 27 establish that his incarceration would entail "excessive" hardship to
Cited 0 timesUnpublished
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