Case law

Stables v. American Live Stock Ins. Co.

201 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 24, 1985

Plaintiff maintains that the "appreciable prejudice" requirement established in Cooper v. … Here the "thoroughbred mortality policy" clearly establishes that the insured must carry out its obligations as "a condition precedent to any liability," and provides that: [a]ny failure by the Insured to do any of the foregoing

Beedie v. Int. Bro. Electrical Workers

25 N.J. Super. 269 · New Jersey Superior Court Appellate Division · Apr 6, 1953

Where the proofs established such a right, the law court has ample jurisdiction and authority to enforce it. We direct our attention to article XXII of the defendant's constitution about which the controversy centers. … For example, an immunity from the rule arises where property rights are implicated, and it is manifest that a resort to the remedies afforded by the association would be futile, illusory, or vain, Walsche v.

Progressive Casualty Insurance v. Hurley

327 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Jan 10, 2000

Regulations adopted as N.J.AC. 11:3-1.1 to -1.10, established and govern the Commercial Automobile Insurance Plan. … “Insured” means any person or organization qualifying as an insured in the WHO IS INSURED section of the applicable insurance.

In Re Xanadu Project

415 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Aug 6, 2010

More importantly, even if they could establish such an impact, that negative effect is irrelevant in deciding whether Benihana is qualified to receive a special concessionaire permit. In Great Atl. & Pac. Tea Co. v. … The regulation did not limit the types of properties that qualified as "any property." Rather, Fischer said, the amendment expanded the types of property that qualified as state owned or controlled.

Ritter v. Castellini

173 N.J. Super. 509 · New Jersey Superior Court Appellate Division · Mar 18, 1980

Clearly, the sheriff's duty with respect to the personal property inside the store is to provide for its safekeeping. … Where a claim is for injury asserted to result from the negligent handling of property in the course of detention, there is no federal tort immunity. Id. at 850 .

Kelly v. Sterr

119 N.J. Super. 272 · New Jersey Superior Court Appellate Division · May 26, 1972

He further contends that "there is no evidence that the hearing officer was qualified to conduct the hearing." … In any event, our examination of the record clearly indicates he was eminently qualified.

State v. Compton

304 N.J. Super. 477 · New Jersey Superior Court Appellate Division · Oct 8, 1997

Sinquee was not qualified to offer an expert opinion on Shaken Baby Syndrome, and that no adequate foundation had been established for the reliability of her observations and conclusions. … Her training and experience clearly qualified her to testify concerning infants with traumatically induced brain injuries and the potential causes thereof, including Shaken Baby Syndrome.

Manzo v. Eddinfield

126 N.J. Super. 20 · New Jersey Superior Court Appellate Division · Dec 6, 1973

And, it is argued, plaintiff failed to sustain his burden to establish that he was a "qualified person" within that subsection. The pertinent facts here are undisputed. … If that were the intention it could have been accomplished by clearly saying so, e.g., that no uninsured owner may recover, etc.

Bd. of Educ. of Clifton v. WR Grace

258 N.J. Super. 94 · New Jersey Superior Court Appellate Division · Apr 10, 1992

That merely establishes a necessary, not a sufficient, condition for the displacement of state law. … Under the New Jersey Tort Claims Act, N.J.S.A. 59:9-1 immunity for public entities with respect to construction projects is provided for in N.J.S.A. 59:9-4-6 plan and design immunity and immunity for discretionary acts N.J.S.A

Muniz v. United Hospital Medical Center—Presbyterian Hospital

146 N.J. Super. 512 · New Jersey Superior Court Appellate Division · Dec 23, 1976

It is enough that the law establishes liability in favor of those directly or intentionally harmed. [301 N. Y. S. 2d at 561, 249 N. … The prompt legislative response indicates an intent to reassert the principle of immunity but at the same time to meet the more significant objections to immunity voiced by the Supreme Court in Collopy.

Russell Forde Hornor v. Upper Freehold Regional Board of Education

New Jersey Superior Court Appellate Division · Oct 8, 2024

Thus, "[e]ven when one of the Act's provisions establishes liability, that liability is ordinarily negated if the public entity possesses a corresponding immunity. " Rochinsky v. … N.J.S.A. 59:2-1(b) "establishes the principle that even common-law and statutory immunities not contained in the Act can prevail over the Act's liability provisions." Id. at 409.

Greisman v. Newcomb Hospital

76 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Aug 17, 1962

The plaintiff is also fully qualified to practice medicine and surgery in the States of New York, Michigan and Florida. … medical society (Cumberland) is clearly unreasonable and offensive to public policy.

State v. Congdon

76 N.J. Super. 493 · New Jersey Superior Court Appellate Division · Oct 16, 1962

Clearly, a program for the alleviation of the results of disaster derives its efficacy from organization and drill before the emergency arises. … The constitutional guaranty of religious freedom is not a guaranty of immunity for violation of the law. Consequently, a corporation doing religious work has been required to comply with the Fair Labor Standards Act.

Dobbins v. Board of Education of Henry Hudson Regional High School

133 N.J. Super. 13 · New Jersey Superior Court Appellate Division · May 24, 1974

clearly. … the Board of Education, of course, with negligence in this case, it will be necessary that knowledge by the Board of Education of the use of this driveway and parking lot *29 by the class and the existing conditions be established

Medical Soc. v. NJ Dept. of Law

229 N.J. Super. 128 · New Jersey Superior Court Appellate Division · Dec 6, 1988

In its findings, the Legislature declared that the Act was designed to protect the health and welfare of our citizens by "identifying to the public those individuals who are qualified and legally authorized to practice physical … In sum, regulations issued by an administrative agency are cloaked with a presumption of legitimacy and should be sustained unless clearly ultra vires on their face.

Bueno v. BD. OF TRS., T'CHERS'FUND

404 N.J. Super. 119 · New Jersey Superior Court Appellate Division · Dec 11, 2008

A teacher with a disabling mental condition may qualify for ordinary disability retirement benefits. See Kasper v. … Indeed, Grossman , where we found that a teacher was disabled from teaching generally, is clearly to the contrary.

Property Owners & Managers Ass'n v. Town Council

264 N.J. Super. 523 · New Jersey Superior Court Appellate Division · May 12, 1993

It is based on the legislative recognition that rent levels for qualified real rental property anticipate the tax burden on the rental property. … The present ordinance is not authorized by N.J.S.A 2A:42-77 empowering municipalities to establish rent control ordinances.

Laurel Lawn v. Zoning Bd. of Adj.

226 N.J. Super. 649 · New Jersey Superior Court Appellate Division · Jan 19, 1988

A reading of the "New Jersey Cemetery Act" irrefutably leads one to the conclusion that in the Legislative "mind" a crematory is clearly associated with, incidental to and closely aligned with the operation of a cemetery. … N.J.S.A. 8A:4-3 requires establishment of a trust fund by cemetery companies except for: "... any cemetery company operating a crematory physically separated from a cemetery...."

State v. Casimono

250 N.J. Super. 173 · New Jersey Superior Court Appellate Division · Jul 25, 1991

We also conclude that defendant's other arguments are clearly without merit and do not require discussion. R. 2:11-3(e)(2). Accordingly, we affirm defendant's convictions. … Therefore, the State did not establish any basis for conducting a protective search for weapons of Guerrero and defendant.

WT v. Div. of Med. Assistance and Health Services

391 N.J. Super. 25 · New Jersey Superior Court Appellate Division · Mar 1, 2007

Rahm, 104 Wash. 2d 159, 169 , 702 P. 2d 1196 (1985), cert. dismissed, 478 U.S. 1029 , 107 S.Ct. 8 , 92 L.Ed. 2d 763 (1986)("Nothing in the Medicaid statute or regulations establishes federal criteria for determining ownership … child support obligations to qualify the custodial parent for Aid to Families with Dependent Children") and Eichenholz v.