Case law

In the Matter of Application of Jonathan R. Wheeler for a Retired officer Permit to Carry a Firearm Openly and/or Concealed in the Matter of Application of George A. Daudelin for a Retired Officer Permit to Carry a Firearm Openly and/or Concealed

New Jersey Superior Court Appellate Division · Dec 30, 2013

Privileges and Immunities 83 VII. … Privileges and Immunities The applicants also contend that subsection l of N.J.S.A. 2C:39-6 violates the Privileges and Immunities Clause of Article IV, Section 2, Clause 1 of the United States Constitution.

MCG ASSOCIATES v. Department of Environmental Protection

278 N.J. Super. 108 · New Jersey Superior Court Appellate Division · Dec 12, 1994

Clearly, some projects are exempt from transition area requirements after the State assumes the federal program. … N.J.S.A. 40:55D-134 clearly has an impact on developers whose approvals would expire during the period of economic emergency.

In re Essex County Grand Jury Investigation into the Fire at Seton Hall University

368 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Mar 28, 2003

Hence, the immunity statute properly permits prosecution for peijury committed in an otherwise immunized statement and also the introduction in evidence of so much of the statement as is essential to establishing the corpus … Should same be established, the Movants are not left without remedies.

Cammarata v. ESSEX COUNTY PARK COMMN.

46 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Sep 3, 1957

Costa, those Probationary Patrolmen failing to qualify for appointment, be terminated, with their active duty to be discontinued at the end of their tour of duty on March 15, 1956, * * *. … That which is clearly implied is as much a part of the law as that which is expressed. Alexander v. New Jersey Power & Light Co., 21 N.J. 373, 379 (1956).

Holster v. Board of Trustees of Passaic County College

114 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Mar 22, 1971

At the very inception of a proposal to establish a county college, the State enters the picture. … But there is nothing in the declaration which is at all inconsistent with the intention, clearly expressed before, to furnish bond-funding “benefits” to qualifying counties.

Ackerman v. Lagano

172 N.J. Super. 468 · New Jersey Superior Court Appellate Division · Dec 19, 1979

To determine whether malicious prosecution has been established here requires a closer examination of the elements required in such an action. … Neither issue need be resolved, *474 however, in view of what this court views as a failure of plaintiff to establish damages which constitute "special grievance."

Gilchinsky v. National Westminster Bank

311 N.J. Super. 339 · New Jersey Superior Court Appellate Division · May 12, 1998

Further, the judge directed that a hearing be held in the future to determine the full extent of R &.H’s damages. 1 Meanwhüe Güchinsky established an IRA account with a branch of the National Westminster Bank NJ (NatWest) … On April 28,1995, Gilchinsky initiated a separate action by way of complaint and order to show cause seeking a summary determination that her IRA was immune from levy.

State Farm Indemnity Co. v. Warrington

350 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Apr 26, 2002

One of those exceptions, clearly not applicable here, is custodial interrogation by law enforcement officers. Id. 101-02 , 703 A.2d 901 . … Furthermore, the trial judge may consider staying the examination until resolution of the criminal proceedings, unless plaintiff can establish some overriding urgency in its investigation. See e.g. Whippany Paper Bd.

Doe v. Greater New York Blood Program

304 N.J. Super. 287 · New Jersey Superior Court Appellate Division · Jul 28, 1997

Gay Related Immune Deficiency Syndrome,” which acronym was later changed to AIDS for Acquired Immune Deficiency Syndrome. … Indeed, the discovery clearly establishes that New York Blood Center complied with all then existing regulations in the collection of the unit of blood in question.

Jari Almonte v. Township of Union

New Jersey Superior Court Appellate Division · Nov 18, 2024

paramedic who acted negligently is entitled to qualified immunity, if he acted with subjective good faith or in a reasonably objective manner. … Plaintiffs argue that we should interpret the qualified immunity for advanced life support paramedics under N.J.S.A. 26:2K-14 more narrowly than we interpreted the Tort Claims Act immunity in Frields and Murray.

East/West Venture v. Fort Lee

286 N.J. Super. 311 · New Jersey Superior Court Appellate Division · Jan 5, 1996

This provision clearly conflicts with N.J.S.A. 40:55D-49, which states that a site plan approval grants the developer three years of immunity from major zoning changes. … East/West's project does not qualify under these provisions. But the project would qualify if the high-rise were to be used as a hotel, since its gross floor area exceeds 200,000 square feet.

VINCENT HAGER VS. M&K CONSTRUCTION (DIVISION OF WORKERS' COMPENSATION)

New Jersey Superior Court Appellate Division · Jan 13, 2020

The "claimant bears the burden . . . to establish his claim." Id. at 599 (citing Kahle v. Plochman, 85 N.J. 539, 548 (1981)). … The compensation judge considered both treatment methods and concluded that medical marijuana was the "clearly indicated option."

Zelenka v. BPOE OF THE US

129 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Jul 11, 1974

Undoubtedly that right is qualified in numerous respects by our public laws, and it is similarly qualified in respect of its exercise in the course of one's participation in the activities of private associations. … A member of a Republican club, for example, could not expect to be allowed by the courts to campaign for a Democratic candidate and nevertheless remain immune to expulsion from the club for cause.

New Jersey District Kiwanis International v. Gandhi

284 N.J. Super. 102 · New Jersey Superior Court Appellate Division · Oct 31, 1994

The Kiwanis sponsored Key Club qualifies for inclusion in this category. … Defendant now believes he is immunized from responsibility because an unenforceable contract exists between his fourteen year old son and plaintiff. Defendant is mistaken.

Cherrits v. Village of Ridgewood

311 N.J. Super. 517 · New Jersey Superior Court Appellate Division · May 29, 1998

Following Monell , it was clearly understood that formal, adopted legislative policy of a local government could potentially expose the governing body to liability under § 1983. … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

State v. Mazur

158 N.J. Super. 89 · New Jersey Superior Court Appellate Division · Mar 29, 1978

Swidler was not in a condition to be aborted in no way negates their clearly manifested intent to commit a criminal act. … The judge added that he knew from "the prior trial" that no immunity was granted to Cohn with respect to potential welfare fraud charges.

Futterman v. Board of Review

421 N.J. Super. 281 · New Jersey Superior Court Appellate Division · Jul 25, 2011

She further claims that the paid leave days do not qualify as remuneration. … We also reject Futterman's claim that the paid leave days did not qualify as remuneration.

Tp. of Dover v. Bd. of Adj. of Tp. of Dover

158 N.J. Super. 401 · New Jersey Superior Court Appellate Division · Apr 10, 1978

It is the governing body's ultimate responsibility to establish, by the adoption of its zoning ordinances and amendments thereto, the essential land use character of the municipality. … That is to say, if a zoning ordinance amendment applicable only to a given parcel of land would fall as spot zoning because of the parcel's size, location and character, it might be that the parcel would then qualify for

Spilker v. WILLIAM PENN LIFE INS.

251 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Nov 4, 1991

In this appeal we are called upon to review the motion judge's interpretation of life insurance incontestability established by N.J.S.A. 17B:25-4. … While Formosa clearly stated insurance policies remain contestable when the insured does not survive the two year period, that issue was not directly before the court.

State v. Ingram

226 N.J. Super. 680 · New Jersey Superior Court Appellate Division · Mar 23, 1988

The State cited 42 U.S.C.A. § 6961 (a section of the Federal Solid Waste Disposal Act) as establishing in clear and unambiguous language the waiver of sovereign immunity by the United States and thus, vesting in the State … The testimony, including all reasonable inferences, establishes the abandonment or disposal on the property but does not establish the location with any specificity.