Case law

Mey v. Mey

149 N.J. Super. 188 · New Jersey Superior Court Appellate Division · Apr 13, 1977

Painter is clearly in accord. *205 The word "acquired" was considered in Painter , though in a particular setting. … Ct. 1973), which involved an inter vivos trust established for the benefit of the grantor's three children, one of whom was defendant husband.

State v. XYZ Corp.

232 N.J. Super. 423 · New Jersey Superior Court Appellate Division · Apr 21, 1989

The principal question raised by this appeal is whether a corporation is a “person” qualified to petition for expungement pursuant to N.J.S.A. 2C:52-1, et seq. … However, “since denial of expungement in the context of an acquittal would constitute an unusual exercise of judicial power, the facts established should clearly convince the court that the need for the availability of the

South Orange-Maplewood Education Ass'n v. Board of Education

146 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Jan 18, 1977

Plaintiff brought this action for specific enforcement of provisions of an agreement relating to *460 sabbatical leave for qualifying teachers. … Sabbatical leave is clearly a term and condition of employment. It is akin to wage and vacation benefits.

Th v. Div. of Dev. Disabilities

381 N.J. Super. 366 · New Jersey Superior Court Appellate Division · Nov 29, 2005

The judge qualified Dr. … The burden of establishing T.H.'

Kiss v. Community Affairs Dep't

171 N.J. Super. 193 · New Jersey Superior Court Appellate Division · Nov 14, 1979

That reasoning contravenes the statute which clearly states: It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination: a. … The test established in Peper v. Princeton Univ. Bd. of Trustees, 77 N.J. 55 (1978), is based on the three-pronged procedure outlined to show racial discrimination in McDonnell-Douglas Corp. v.

Alston v. Mays

152 N.J. Super. 509 · New Jersey Superior Court Appellate Division · Aug 19, 1977

Primary election laws do not confer the right of qualified persons to become candidates. … Candidate Mays, when he attested that he was a legal voter, clearly was not attesting that he was a registered voter of the 31st Assembly District.

O'BOYLE v. Prudential Ins. Co.

241 N.J. Super. 503 · New Jersey Superior Court Appellate Division · Jun 6, 1990

Her employer's disability plan was a qualified private plan established and approved under our Temporary Disability Benefits Law in lieu of the State plan, N.J.S.A. 43:21-25 to -42. … The establishment of a supplementary plan by Sears was permitted "without [State] approval." N.J.S.A. 43:21-36.

Grodjesk v. Jersey City Medical Center

135 N.J. Super. 393 · New Jersey Superior Court Appellate Division · Jun 16, 1975

In my view the evidence clearly and persuasively supports the basis for the removal of plaintiffs from the rotation schedule. … The authorities clearly demonstrate that the established policy of the Dental School which bars nonfaculty physicians from use of school facilities does not contravene any constitutional right of plaintiffs.

Natural Medical, Inc. v. New Jersey Department of Health & Senior Services

428 N.J. Super. 259 · New Jersey Superior Court Appellate Division · Oct 4, 2012

These responsibilities include establishing a registry of qualified patients and primary caregivers, N.J.S.A. 24:61-4, and processing applications for permits to operate ATCs, N.J.S.A. 24:61-7. … To that end, on November 15, 2010, the Department proposed regulations for implementing the Act and establishing the medicinal marijuana program. 42 N..J.R. 2668(a) (Nov. 15, 2010).

Gilliland v. Board of Review

298 N.J. Super. 349 · New Jersey Superior Court Appellate Division · Mar 5, 1997

A claim for Unemployment Insurance Benefits was filed effective 4/23/95, establishing a base year from 1/1/94 to 12/31/94____ The petitioner requests that the base year be moved to an earlier 12 month period, wherein he would … Section (3) provides a similar definition for individuals who qualified for workers’ compensation benefits during a period of disability.

Mogelefsky v. Schoem

90 N.J. Super. 49 · New Jersey Superior Court Appellate Division · Jan 7, 1966

upon the city's right to license a business or profession when a person holds a license from the State, or one of its boards or agencies, to carry on such a business or profession, does not render such a state licensee immune … establishing that they are licensed brokers or salesmen.

Mohamad Khodair, Etc. v. Llanfair House Care & Rehabilitation Center

New Jersey Superior Court Appellate Division · Jun 6, 2025

See N.J.S.A. 2A:31-3 (establishing two-year limitations period for WDA claims); N.J.S.A. 2A:15-3 (establishing two-year limitations period for SA claims, with exceptions not applicable here); N.J.S.A. 2A:14-2 (providing … The court concluded plaintiff alleged insufficient facts to establish gross negligence or any of the other exceptions to immunity.

State v. Overton

135 N.J. Super. 443 · New Jersey Superior Court Appellate Division · Jul 1, 1975

Qualified testing personnel could then issue certificates of good working order for each machine which could qualify as business records under Evid. R. 63 (13), or as official reports under Evid. R. 63 (15). … The proofs in this case clearly demonstrate the accuracy of the radar unit which clocked defendant's vehicle travelling at an excessive rate of speed. Logic and reason dictate no other result.

McNally v. Middletown Tp.

182 N.J. Super. 622 · New Jersey Superior Court Appellate Division · Feb 9, 1982

This is manifest from the stated declaration of the policy of the statute: The purpose of this act is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property … them to be clearly without merit.

D'Arienzo v. Clairol, Inc.

125 N.J. Super. 224 · New Jersey Superior Court Appellate Division · Sep 21, 1973

It is clear that the failure of a plaintiff to follow an adequate warning will ordinarily immunize the defendant *233 from liability. … On questions such as these, a jury is best qualified to speak. [Dillord and Hart, "Product Liabilty: Directions for Use and the Duty to Warn," 41 Va. L.

Gilligan v. Gilligan

428 N.J. Super. 69 · New Jersey Superior Court Appellate Division · Mar 9, 2012

While technically he still qualifies for derivative SSD benefits, these benefits are only $79 per month and clearly insufficient to support the child without additional financial assistance from both parents. … Accordingly, the Golian court was clearly dealing with implicit concerns regarding equitable estoppel and fundamental fairness.

Hoag v. Brown

397 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Nov 27, 2007

The statutory limitation must be read in light of the general legislative intent in the TCA to establish immunity as the general rule and liability as the exception. Brooks v. … Overeem, 171 N.J. 46, 53 , 791 A. 2d 1002 (2002)); Kahrar, supra, 171 N.J. at 12, 791 A. 2d 197 (plaintiff qualifies for noneconomic damages under TCA as long as he can establish an objective permanent injury and permanent

GRECO STEAM CLEANING v. Associated Dry Goods Corp.

257 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Apr 13, 1992

It clearly is. The question is whether this franchise is one which falls within Section 4 of the Franchise Practices Act. … Mere distribution through an office or warehouse would not qualify." *599 Sweeney, Applying Franchise Act to Terminated Distributors, 125 N.J.L.J. 680 (1990).

In Re Petition of Hartnett

163 N.J. Super. 257 · New Jersey Superior Court Appellate Division · Oct 27, 1978

It was his opinion that a temporary absence from the established residence accompanied by an express intention to return does not suffice to qualify for a valid vote in the district, whether it be in person or by absentee … Reliance upon Worden as a springboard for disqualifying the absentee voters herein is clearly misplaced.

In re the Adoption of the Monroe Township Housing Element

442 N.J. Super. 565 · New Jersey Superior Court Appellate Division · Aug 26, 2015

Clearly, since the time of the 2008 amendments to the FHA, COAH gradually ceased to operate. … The Township was granted an initial five-month period of immunity from all exclusionary zoning actions pending the court's adjudication of the Township's compliance, and Fair Share Housing Center, Inc.