Case law

Opinions from 1658 to today.

5,442 results

0.38s

  • STATE OF NEW JERSEY VS. TONY ELI (15-10-1241. MIDDLESEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jun 4, 2020

    The applicable standard of review of this evidential issue is well established. … Even if we were to adopt defendant's contentions of error, the alleged errors were not "clearly capable" of depriving him of a fair trial. R. 2:10-2.

    Cited 0 timesUnpublished
  • DCPP VS. N.L. N/K/A N.B., N.D.-F., K.C. AND R.F., IIIN THE MATTER OF B.F. AND R.F., III(FN-08-0040-16, GLOUCESTER COUNTY AND STATEWIDE)(RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Nov 21, 2017

    However, "if the trial court's conclusions are 'clearly mistaken or wide of the mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." … She was well qualified, her testimony and written report addressed all the relevant issues, and her conclusions were firmly supported by the facts in the record.

    Cited 0 timesUnpublished
  • Dcpp v. E.A. and G.A., in the Matter of the Guardianship of K.A.

    New Jersey Superior Court Appellate Division · Jan 24, 2025

    "To satisfy the fourth prong, the State should offer testimony of a well[]qualified expert who has had full opportunity to make a comprehensive, objective, and informed evaluation of the child's relationship with both the … Lee acknowledged that Kaine clearly had a history of instability prior to his removal and that he displayed no remarkable sense of loss at not having a relationship with his parents. Dr.

    Cited 0 timesUnpublished
  • DCPP VS. Y.M. AND J.S., IN THE MATTER OF THE GUARDIANSHIP OF L.S. AND Z.H. (FG-06-0020-17, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · May 16, 2019

    Alan Lee, who was qualified as an expert in clinical and forensic psychology, and conducted psychological and bonding evaluations of Yolanda, Lynn, Zachary, and the resource parents. … Schafer's unrebutted reports, establish that Yolanda lacked insight as to the gravity of the situation, the seriousness of Henry's injuries, and her role in creating those risks to the children.

    Cited 0 timesUnpublished
  • DCPP VS. T.J., J.F., JR., AND B.G., IN THE MATTER OF JM.F. AND J.G. (FN-09-0331-15, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)

    New Jersey Superior Court Appellate Division · Jul 30, 2020

    D'Urso was qualified as an expert in the field of psychology and is the section chief and supervising psychologist at the AHCH. Based on his review of Dr. … For the reasons noted, we are satisfied that even if it was error to admit the testimony, it was not clearly capable of producing an unjust result. R. 2:10-2.

    Cited 0 timesUnpublished
  • Lynette Johnson v. City of East Orange

    New Jersey Superior Court Appellate Division · Jun 27, 2025

    Moreover, this case hardly qualifies as one of such overwhelming equitable concern warranting the invocation of the doctrine of laches. … Further, the Tyler Court was clearly untroubled about opening a floodgate of older takings claims in Minnesota through its ruling.

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY VS. STERLING C. SPENCE STATE OF NEW JERSEY VS. MAURICE BURGESS (13-01-0083 AND 17-08-1760, ATLANTIC COUNTY AND STATEWIDE) (CONSOLIDATED)

    New Jersey Superior Court Appellate Division · Dec 23, 2020

    Spence asserts that the statement provided by the bystander qualifies as a dying declaration and excited utterance and should therefore be admitted. … A-3652-18T3 38 without a rational explanation, inexplicably depart[s] from established policies, or rest[s] on an impermissible basis." United States v.

    Cited 0 timesUnpublished
  • LABOSSIERE ASSOCIATES, INC. VS. INDEPENDENCE HARBOR I CONDOMINIUM ASSOCIATION, INC. (L-3881-15, BERGEN COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Feb 12, 2021

    By way of example only, Chen's testimony failed to address that a large portion of plaintiff's work involved painting and $710,154.62 in carpeting, which indisputably do not qualify as capital improvements. … established, as evidenced by the parties use of the "+/-" symbol.

    Cited 0 timesUnpublished
  • TOWNSHIP OF EDISON v. INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, ETC. (C-000111-20, MIDDLESEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Mar 1, 2022

    Div. 2020) ("[A]ny contractual waiver of rights, including arbitration provisions, must reflect that the parties have clearly and unambiguously agreed to the terms."). … "To be arbitrable, a matter must qualify as one on which the parties may A-1303-20 15 negotiate.

    Cited 0 timesUnpublished
  • GARY YERMAN VS. JAMES A. MORRIS, ESQ. (L-5380-16, BERGEN COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Oct 27, 2020

    Plaintiffs' counsel argued that Grundlock was not qualified to act as an expert because he had not personally handled a real-estate transaction recently and again requested that his testimony be barred. … They argued that an undisputed fact before the jury – Morris had not told plaintiffs about the skunk cabbage – established a deviation from the standard of care.

    Cited 0 timesUnpublished
  • State of New Jersey v. Giovanni A. Pisaniello

    New Jersey Superior Court Appellate Division · Jun 19, 2025

    The applicable standards of review and legal principles on this issue are well established. … A trial court's error is disregarded on appeal unless it "clearly capable of producing an unjust result." R. 2:10-2.

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY VS. CONRAD R. SIPA (17-02-0211, OCEAN COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Aug 6, 2021

    Further, the record clearly shows the jurors were unanimous in finding that defendant used the knife and lamp but not the golf club. … To the contrary, the record clearly shows the trial court properly exercised its discretion in excluding testimony concerning Eelman's first report.

    Cited 0 timesUnpublished
  • THE ESTATE OF ANNA MARIE CYCKOWSKI, ETC. VS. JAY STYLMAN, M.D. (L-7062-13, ESSEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jun 23, 2017

    Elfant's expert report, we conclude that it was clearly aimed at establishing the standard of post-operative care for a patient who has undergone hiatal hernia surgery … and establishing that defendant did not deviate from that standard.

    Cited 0 timesUnpublished
  • STATE OF NEW JERSEY VS. ARTHUR E. MORGAN, III (12-06-1138, MONMOUTH COUNTY AND STATEWIDE(RECORD IMPOUNDED)

    New Jersey Superior Court Appellate Division · Mar 21, 2017

    The facts were established at trial. … As the trial court correctly found, none of that evidence rose to the level of establishing insanity or a diminished capacity.

    Cited 0 timesUnpublished
  • In the Matter of Hartz Mountain Industries, Etc.

    New Jersey Superior Court Appellate Division · Dec 9, 2024

    "The flood hazard area of the A-4009-19 8 Hudson River was established using Method 2 (FEMA Tidal Method … Thonet also complained of Hartz's failure to accurately describe the project site and clearly identify its lots on the proposed site plan drawings.

    Cited 0 timesUnpublished
  • JOHN FALAT, JR. VS. THE COUNTY OF HUNTERDON (L-0188-15, SUSSEX COUNTY AND STATEWIDE)

    New Jersey Superior Court Appellate Division · Jul 25, 2018

    Div. 2006) (citation omitted) ("Clearly, the LAD was intended to prohibit discrimination in the context of an employer/employee relationship."). In Communications Workers of America v. … are insufficient to qualify as retaliatory conduct under the continuing violation doctrine.

    Cited 0 timesUnpublished
  • C.D.V.D. v. B.K.T.

    New Jersey Superior Court Appellate Division · Feb 15, 2024

    Further, the Bisbing Court instructed that in making "the sensitive determination of cause[, a court] must weigh the custodial parent's interest in freedom of movement as qualified by his or her custodial obligation, the … This argument lacks merit and is flawed because the guidelines establish a rebuttable presumption of support.

    Cited 0 timesUnpublished
  • United Hearts Islamic Academy v. Zoning Board of the Township of Willingboro

    New Jersey Superior Court Appellate Division · May 19, 2026

    Div. 2000), it is "not appropriate" where "the record clearly compels a reversal of [a] [B]oard's action," N.Y. SMSA, 370 N.J. at 335. IV. … Dochney testified he saw only a "potential negative impact" related to parking and traffic, but notably qualified that concern when he stated, "he was in general agreement with Mr.

    Cited 0 timesUnpublished
  • L.R.M. v. T.R.M.

    New Jersey Superior Court Appellate Division · Mar 5, 2026

    A-3119-23 34 Thus, the first Cofield prong was satisfied because opportunity was clearly a critical factual issue in the case. … s testimony, we believe the error "is of such a nature as to have been clearly capable of producing an unjust result." R. 2:10-2.

    Cited 0 timesUnpublished
  • State of New Jersey v. Murad S. Lampley

    New Jersey Superior Court Appellate Division · Apr 21, 2026

    Gamble, 218 N.J. 412, 424 (2014)), we are not bound by the trial court's interpretations of the legal consequences that flow from the established facts, Manalapan Realty, L.P. v. Twp. … this and say, yeah, you know and then later on as we're talking you feel like, you want to stop, then 3 This ambiguous invocation is analogous to one made in Johnson, where the officers were permitted to ask qualifying

    Cited 0 timesUnpublished

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