Case law

Rosiak v. Melvin

351 N.J. Super. 322 · New Jersey Superior Court Appellate Division · Feb 1, 2002

Because defendant’s statement to plaintiff, that he’d previously spent time in jail for assaulting his second wife, is clearly admissible as a statement of a party, N.J.R.E. 803(b)(1), as well as a statement against interest … In the case subjudice, the evidence, of defendant’s past history of abusing his second wife, is relevant because it has a tendency to establish “a fact of consequence to the determination of the action”, N.J.R.E. 401, i.e

McDonald v. Director, Division of Taxation

10 N.J. Tax 556 · New Jersey Tax Court · Sep 29, 1989

He had effectively established a domicile in the State of Florida for the year 1985. … Contrary to Pardee , not only was the profit sharing plan established and payments made to plaintiff from it as compensation for services rendered, but they were clearly made in connection with plaintiffs occupation.

Galvano v. Board of Trustees of the Public Employees' Retirement System

225 N.J. Super. 388 · New Jersey Superior Court Appellate Division · Jun 1, 1988

The Board clearly had jurisdiction to approve that pension request, although its approval was incorrectly exercised in light of the age 62 requirement of N.J.S.A. 43:15A-61(b). … Board with direction that Galvano be afforded opportunity to establish those facts by direct proof. If so established, a veteran’s pension consistent with those facts should be afforded.

F.S. v. L.D.

362 N.J. Super. 161 · New Jersey Superior Court Appellate Division · Jul 16, 2003

We begin our analysis with well-established principles of insurance law. … Here, the policy language clearly covers the negligent acts of the named insured’s relatives who reside with him as a part of the same household.

Cano v. Malone

237 N.J. Super. 272 · New Jersey Superior Court Appellate Division · Sep 29, 1989

He contends, moreover, that even if it is applicable, it is not appropriately applied in the instant case because the police report clearly indicates that a “phantom” car was involved in the accident. … N.J.S.A. 39:6-65 states: ... provided, any such qualified person may, in lieu of giving said notice within said time, make proof to the court on the hearing of the application for the payment of a judgment ... [1] that he

ROBERT KELLY VS. JAMES SIMPSON (L-0667-14, MERCER COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Dec 4, 2018

established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." … Because defendants acted on behalf of the State, and the record does not support a violation of clearly established law, Judge Hurd correctly determined they were entitled to qualified immunity from plaintiff's freedom

Delaware, Lackawanna & Western Railroad v. Salmon

39 N.J.L. 299 · Supreme Court of New Jersey · Mar 15, 1877

Keeping in view that proximate, as here used, means closeness of causal connection, and not nearness in time or distance, and that its office is to qualify the generality of the idea expressed by natural, this definition, … That a servitude of this character is not imposed upon the owner of lands contiguous to a railroad, is clearly shown by the opinion of the Supreme Court in sustaining the demurrer to the plea.

Soto v. City of Newark

72 F. Supp. 2d 489 · District Court, D. New Jersey · Oct 29, 1999

Clearly, the Soto’s did not “participate or benefit from [this] service” — the wedding — in a manner “equal to that afforded to others.” Id. at § 35.130(b)(ii). … Defendants cite to N.J.Stat.Ann. § 2B:12-1 to 12-31 which establishes the Municipal Court’s power and jurisdiction. 7 .

Meta v. TOWNSHIP OF CHERRY HILL AND COUNTY OF CAMDEN

152 N.J. Super. 228 · New Jersey Superior Court Appellate Division · Aug 11, 1977

Respondents argue they are immune from liability by virtue of N.J.S.A. 59:4-7, which provides: Neither a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets and highways … Moreover, establishment of a general method of handling snow-storms is a matter of planning.

Annin's executors v. Vandoren's administrator

14 N.J. Eq. 135 · New Jersey Court of Chancery · Oct 15, 1861

The limitation over of the legacy, if not paid by his executors, would be clearly good if standing alone. … If the will is to be established, it must be by a bill duly exhibited for that purpose. Until that is done, the title of the party claiming to be executor cannot ■be admitted.

Arne v. Liotta

313 N.J. Super. 616 · New Jersey Superior Court Appellate Division · Jul 10, 1998

Eq. 600, 602-03 , 165 A. 643 (Ch.1933) (immunity to service of process); see also Antonelli v. Antonelli, 14 N.J.Super. 580, 586 , 82 A.2d 482 (Ch. … The other issues raised on appeal and cross-appeal are either clearly without merit or rendered moot by this opinion. R. 2:11-3(e)(1)(E). Affirmed.

Vazquez v. Ferre

404 F. Supp. 815 · District Court, D. New Jersey · Nov 19, 1975

Clearly, the failure of the Puerto Rican officials to perform any duties imposed upon them by federal or local law was action “under color of state law.” See Henig v. Odorioso, 385 F.2d 491, 494 (3d Cir. 1967). … The issue of sovereign immunity, therefore, need not be reached.

Sj v. Div. of Med. Assistance

426 N.J. Super. 366 · New Jersey Superior Court Appellate Division · Jun 13, 2012

If an individual is eligible for NJ FamilyCare-Plan A, he or she cannot qualify for another plan. … *650 program into a qualifying program without being considered new applicants.

In re Leuthold

116 F. Supp. 777 · District Court, D. New Jersey · Dec 1, 1953

It provided for the recruitment until June 30, 1953 into the Regular Army for periods of not less than five years of 2,500 qualified unmarried male aliens to be integrated into established units of citizen soldiers *779 and … Meanwhile he is clearly not entitled to have his present petition for naturalization granted. Hence it will be dismissed without prejudice. Let an order to that effect be entered. .

Trustees of Laborers' Local No. 72 Pension Fund v. Nationwide Life Insurance

783 F. Supp. 899 · District Court, D. New Jersey · Feb 24, 1992

It is enough that an insurance company’s policy guarantees that it will pay annuities to qualifying plan participants. … The contract at issue in the present suit qualifies under Mack’s two-part test.

Estate of Reddert v. United States

925 F. Supp. 261 · District Court, D. New Jersey · Apr 10, 1996

United States, 834 F.Supp. 694, 704 (D.N.J.1993) (“the Taxpayers [must].... come forward with a clearly applicable Code provision allowing their deduction”). … Other Grounds Asserted Are Moot The other grounds upon which the Government argues the Trust does not qualify for a charitable estate tax deduction, including the lack of ascertainable value and failure to qualify under sections

Casey v. Brennan

344 N.J. Super. 83 · New Jersey Superior Court Appellate Division · Aug 1, 2001

Defendant Amboy National Bank's predecessor in-interest was established in 1888 in South Amboy. … The record also clearly supports those conclusions.

Muniz v. UNT'D HSP. MED. CENT.

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

Of course, that immunity was judicially terminated, Collopy v. … 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 .

City of New Brunswick v. Rutgers Community Health Plan, Inc.

7 N.J. Tax 491 · New Jersey Tax Court · Jul 23, 1985

As Title 26 clearly shows the Legislature is fully aware of the differences in health care facilities. … Of course these organizations must meet all of the necessary requisites under § 3.6 in order to qualify for exemption.

Feist v. Joseph Dixon Crucible Co.

30 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Mar 20, 1954

It was established that Ambrook was the equitable owner *156 of the stock registered in the name of May M. Feist, and was also the owner of 125 shares registered in its name. … Justice Garrison, speaking for the court, discussed the question as to whether under the statute the qualified right to inspect, theretofore existing at common law, had been transformed into an unqualified right. Mr.