Case law
Opinions from 1658 to today.
5,442 results
1.26s
CT TR HOLDINGS, LLC VS. TOMS RIVER PLANNING BOARD (L-2411-16, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 9, 2018
The Planning Board was persuaded by this testimony and concluded that SHH established undue hardship to justify a three- foot deviation from the zone's forty-foot height limitation and other … The floor restriction is clearly an independent requirement of the ordinance that must be observed, in addition to its maximum height requirement.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. B.K.K. (14-10-3074, HUNTERDON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 17, 2020
And surely, there was clear and convincing evidence offered to establish the 'other crimes.'" Ibid. In State v. … D'Urso was qualified as an expert witness on CSAAS and testified consistent with his pretrial testimony at the Rule 104 hearing . Dr.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. C.E.L. (11-03-0672, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Aug 31, 2018
During the rapport stage, the interviewer tries to make the child comfortable and establish communication. … N.J.R.E. 517 codify the victim-counselor privilege, such that "it is the public policy of this State to extend a testimonial privilege encompassing the contents of communications with a victim counselor and to render immune
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 27, 2025
"[T]o qualify as fresh-complaint evidence, the victim's statement must have been made spontaneously and voluntarily, within a reasonable time after the alleged assault, to a person the victim would ordinarily turn to for … Finkel's testimony, and any arguable error was rendered harmless by the court's instruction clearly defining the jury's role as ultimate factfinder.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JULIO RIVERO(10-10-1089, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 14, 2017
Moreover, defendant's trial counsel clearly attested to his own positive impressions of his client's competency to stand trial and his ability to assist counsel in the case. … Bieniek, 200 N.J. 601, 612 (2010), when the trial court follows "the sentencing principles set forth in the Code and defined in our case law, its discretion should be immune from second-guessing."
Cited 0 timesUnpublishedFrank Holtham, Jr., Etc. v. Catherine A. Holtham
New Jersey Superior Court Appellate Division · Aug 22, 2024
The Spouse's Part consisted of all assets that qualified for the marital deduction, and the Family Part consisted of the residuary estate. … Frank, Jr. also argues "[d]efendants failed to establish good cause warranting the sealing of the [2015 settlement agreement]."
Cited 0 timesUnpublishedL.P. VS. M.P. (FM-02-0445-07, GLOUCESTER COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 3, 2019
He shall retain the right to establish friendships and have visitation with his friends; b. … Provided he is otherwise legally qualified, he shall retain the right to vote.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. KIRK J. PUGH (15-02-0127, MIDDLESEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 13, 2020
With regard to his defenses, defendant noted that the State could not establish the elements of the charges brought against him. … A-2495-17T2 15 prosecutor sought a discretionary persistent offender extended term, he did not qualify because "it's a ten-year parameter for the last time you were released or the
Cited 0 timesUnpublishedDcpp v. D.B. and D.H., in the Matter of S.B.
New Jersey Superior Court Appellate Division · Nov 30, 2023
Plain error is any error that is "clearly capable of producing an unjust result." R. 2:10-2. … Thus, "[t]o qualify as a business record under N.J.R.E. 803(c)(6), a writing must meet three conditions: it must be made in the regular course of business, within a short time of the events described in it, and under circumstances
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Feb 2, 2026
Plaintiff's complaint alleged a campaign by defendant to control and harass her, including opening her mail, cashing medical insurance reimbursement checks written to her, establishing an internet account in February … The judge also dismissed the criminal mischief claim because the alleged damage to plaintiff's stereo occurred at a prior time and did not qualify as a predicate act of domestic violence.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Dec 29, 2021
The court denied the motion, in part, because there was sufficient evidence for the jury to conclude from the evidence that the claims of breach of fiduciary duty, common law fraud, and violation of the CFA were established … Instead, when the repose period ends, a defendant is granted immunity from suit. Id. at 96-97.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 30, 2018
As the beach parcel exceeds 0.5 acres in size, it qualifies as a "major disposal" under the applicable regulations. N.J.A.C. 7:36- 26.2(c). A. … the boardwalk-fronting parcel would house the Carousel in the future in a showcase of the Borough's history. 25 A-4585-15T3 The above facts clearly
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. TORELL BROWN(14-05-1365, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 8, 2017
[W]hen I add the aggravating factors which are three, six and nine, and I accord each one of them heavy weight, and I find no mitigating factors, clearly the aggravating factors more than … In that regard, the Court has reasoned: We have come to the conclusion that an expert is no better qualified than a juror to determine the defendant's state of mind after
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. EUGENE R. CADY (13-06-0597, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Feb 12, 2020
"The party offering the evidence has the burden of proof to establish its admissibility." Torres, 183 N.J. at 567. … unless it is of such a nature as to have been clearly capable of producing an unjust result . . . ."
Cited 0 timesUnpublishedPETER D. CAMPANA VS. TOWNSHIP OF LONG BEACH LAND USE BOARD (L-0309-16, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 29, 2019
Thus, according to the judge, plaintiffs' nuisance claim "based upon the maintenance or establishment of a public nuisance" also failed. … These time limitations were "clearly designed to insulate the recipient of a building permit or other favorable disposition from the threat of unrestrained future challenge[,]" Sitkowski v.
Cited 0 timesUnpublishedJOAN EISINGER v. DOUGLAS HERMAN (FM-20-0523-14, UNION COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Apr 4, 2022
The standard of living established during the marriage or civil union; e. … Pacifico, 190 N.J. 258, 269 (2007) ("[T]he burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it.").
Cited 0 timesUnpublishedKathleen Votor-Jones v. Riple J. Hansalia, M.D.
New Jersey Superior Court Appellate Division · Aug 29, 2024
Governing Legal Principles Well-established principles guide our review. … Evers elaborated: She responded to a series of questions and described a series of events that qualified as some kind of unusual trauma. In this case, the medical trauma.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. JAMAINE L. COLE (17-04-0550, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
New Jersey Superior Court Appellate Division · Jun 22, 2021
"Plain error refers to any error 'clearly capable of producing an unjust result.'" State v. Montalvo, 229 N.J. 300, 320-21 (2017) (quoting R. 2:10-2). … The Court found that "[t]he facts presented here clearly indicate that defendant invoked his right to remain silent." Id. at 546.
Cited 0 timesUnpublishedMANUEL LIM VS. ROSEMARIE LIM (FM-07-163-12, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 11, 2017
first is the November 6, 2015 order, which among other relief granted to defendant Rosemarie Lim, directed plaintiff, Manuel Lim, to provide documents necessary to effectuate a Qualified … "[T]o establish the right to such relief, it must be shown that enforcement of the order or judgment would be unjust, oppressive or inequitable." 10 A-2097-15T2
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Oct 3, 2019
In addition, on August 30, 2011, Joanne and Felicia established the "Antoinette E. … Thus, Barbara qualifies as an interested person entitled to bring a declaratory judgment action to obtain a declaration of rights and construction of the will.
Cited 0 timesUnpublished
Ask Donna