Case law
Opinions from 1658 to today.
5,442 results
1.06s
New Jersey Superior Court Appellate Division · Mar 29, 2019
"[F]acts that establish[] elements of a crime for which a defendant is being sentenced should not be considered as aggravating circumstances in determining that sentence." … A-4916-15T1 29 disputed [defendant] had more than the requisite number of offenses to qualify
Cited 0 timesUnpublishedAtlantic Concrete Cutting, Inc. v. Zurich American Insurance Company
New Jersey Superior Court Appellate Division · Mar 31, 2026
A crucial amendment to the subcontract agreement, entitled "Attachment 3," established and detailed the CCIP and its insurance requirements. … Subject to Paragraph 2[] below, a contractor of any tier, including the person or organization designated in the Declarations of this policy will qualify as a
Cited 0 timesUnpublishedJANUSZ KADZIELAWA v. MARIA KADZIELAWA (FM-16-0338-09, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 18, 2022
On June 4, 2018, the parties executed a Qualified Domestic Relations Order (QDRO). Section eight of that order set forth the benefits that were to be paid to the alternate payee, i.e., defendant. … At the July 10, 2020 hearing, the trial court found that defendant was "clearly act[ing] in bad faith[,]" which impacted the court's determination of counsel fee awards.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 15, 2019
In ruling the judgment of conviction was admissible, the judge said: Well, I think [the judgment of conviction] clearly has relevance and I don't see why, personally I have not … Brandwein, who, the evidence proves, was "'a well qualified expert who has had full opportunity to make a comprehensive, objective, and informed evaluation' of the child's relationship with both [her natural parent] and
Cited 0 timesUnpublishedK.F. VS. N v. (FD-16-1515-17, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 1, 2021
She endorsed the idea that once L.F. was in kindergarten, plaintiff should shift to exercising parenting time on weekends, but qualified that this would depend on the proximity of his residence to that of defendant. … "decided to buy a house and establish a livelihood in Stewartstown does not mean he is incapable or precluded from changing his decision and reestablish[ing] himself in another community."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. ANTHONY S. CLARK (15-05-1172, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 26, 2019
It also called Sergeant Reginald Holloway from the Essex County Prosecutor's Office Narcotics Task Force, who was qualified as an expert in street-level narcotics without objection. … THE COURT: — an inference upon what he just established on not being charged earlier. It's for the jury to accept it, or to reject it.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · May 29, 2020
Helfmann's breach of confidentiality as "being clearly among the most egregious infractions a licensed psychologist can commit." Reiterating that Dr. … The Rules of Professional Conduct authorize an attorney to reveal information relating to representation of a client "to the extent the lawyer reasonably believes necessary . . . to establish a claim or defense on behalf
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. VIRGINIA A. VERTETIS (14-08-0797, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Mar 18, 2020
Later in the trial, defendant explained that she had been on medical leave from her teaching job since November 2013 for illnesses that compromised her immune system, and she was upset that the school denied her request … "Plain error refers to any error 'clearly capable of producing an unjust result.' R. 2:10-2." Montalvo, 229 N.J. at 320-21.
Cited 0 timesUnpublishedNorth River Insurance Company v. Carduner Front, LLC
New Jersey Superior Court Appellate Division · Jul 8, 2025
These three policies did not name or qualify any other Carduner Parties as insureds. … The 2021 Agreement further establishes the contamination was found some time in June 1990.
Cited 0 timesUnpublishedSTATE OF NEW JERSEY VS. MICHAEL GUERINO (16-04-0672, OCEAN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 3, 2020
To the contrary, we are asked to part company with well- established precedent, including Henderson. … He is over [twenty-one] clearly and he does have the predicate offenses necessary for the discretionary extended term."
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. TERRI BAILEY (18-08-1277, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jan 31, 2022
She concluded the aggravating factors "clearly and substantially outweigh[ed] the non-existing mitigating factors," and, citing State v. … Defendant's argument in his pro se brief that trial counsel provided ineffective assistance because she agreed to stipulate to a qualifying predicate crime lacks sufficient merit to warrant discussion in a written opinion
Cited 0 timesUnpublishedSTEVEN MCBOYLE VS. DEANNA MCBOYLE (FM-07-0773-14, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · May 13, 2020
Defendant responded: "I have not established that that is necessary. So I have not gone through the steps." … The judge ordered the parties to establish an $80,000 college fund for each of the three children, for a total of $240,000.
Cited 0 timesUnpublishedDARNICE GREEN VS. MORGAN PROPERTIES (L-4158-10, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 21, 2017
Finally, although acknowledging defendants' concession that class counsel are certainly qualified to represent the class, the judge concluded "there is no incentive for the named Plaintiffs to defend claims against individual … Our courts liberally construe Rule 4:32-1, the class action rule, in accordance with the Court's instruction that "a class action 'should lie unless it is clearly infeasible.'"
Cited 0 timesUnpublishedAC OCEAN WALK, LLC v. AMERICAN GUARANTEE (L-0703-21, ATLANTIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jun 23, 2022
The matter under review clearly differs from Wakefern and the other cases cited above where insurance coverage was found despite a lack of damage to the structure of an insured building. … As defendants argue, and prevalent caselaw maintains, the COVID-19 virus's presence in Ocean's air and on its surfaces did not physically alter the property's physical structure such that it qualifies as a direct physical
Cited 0 timesUnpublishedTHE COUNTY OF CAMDEN VS. FCR CAMDEN, LLC (L-3142-19, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 9, 2021
According to Hastings's certification, on March 30, 2019, FCR segregated a sample of approximately 150 tons of materials delivered by the County and other members and 17.51% of the sampled materials delivered did not qualify … But, "[t]he intent to waive need not be stated expressly, provided the circumstances clearly show that the party knew of the right and then abandoned it, either by design or indifference." Knorr v.
Cited 0 timesUnpublishedNEWTON G. MOODIE VS. CAROLYN RICHARDS MOODIE(FM-07-1032-09, ESSEX COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 1, 2017
4 A-0558-15T1 Defendant shall expand her job search to employment which is below her qualifications as well as jobs for which she is qualified … A-0558-15T1 oversights are inconsequential and do not undermine either the findings or the support that resulted in the conclusion that defendant failed to comply with the requirements established
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Aug 26, 2022
Krivulka does not qualify as a former client under RPC 1.9(a). … Regardless, the record clearly reflects that the estate planning services provided to Mr. and Mrs.
Cited 0 timesUnpublishedNew Jersey Superior Court Appellate Division · Jul 13, 2020
"Only when the trial court's conclusions are so 'clearly mistaken' or 'wide of the mark' should an appellate court intervene and make its own findings to ensure that there is not a denial of justice." … Typically, "the [Division] 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 natural parents
Cited 0 timesUnpublishedROBERT PEPPARD VS. LORI E. PEPPARD (FM-13-0080-17, MONMOUTH COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Jul 17, 2020
Indeed, "it is not necessary for a writing to contain every possible contractual provision to cover every contingency in order to qualify as a completed binding agreement." Berg Agency v. … Lepis, 83 N.J. 139, 159 (1980) ("[A] party must clearly demonstrate the existence of a genuine issue as to a material fact before a hearing is necessary.").
Cited 0 timesUnpublishedSTATE OF NEW JERSEY v. BRANDON M. WASHINGTON (17-05-0471, BURLINGTON COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 4, 2022
See R. 2:10-2 (any error was not "clearly capable of producing an unjust result"). … I'm looking at him closely, clearly now. That's the man that shot me right there, ma'am. Q.
Cited 0 timesUnpublished
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