Case law

Brody v. City of Millville

114 N.J. Super. 94 · New Jersey Superior Court Appellate Division · Mar 3, 1971

As part of the war effort the Federal Government established within the corporate limits of Millville a military airport as a staging area for military aircraft. … Justice Haneman said that "(t)he test to be applied to a *100 land use in order to ascertain whether it qualifies for an immunity from local zoning regulations is whether it is reasonably accessorial or incidental to the

State v. Weleck

10 N.J. 355 · Supreme Court of New Jersey · Oct 20, 1952

Quite clearly, therefore, under our present Constitution and rules the State here had an appeal to the Appellate Division of the Superior Court. … “Such judicial discretion cannot be arbitrary, vague or fanciful but rather must be governed by and in accord with established principles of law,” State v. Bunk, 4 N. J. 482, 485 (1950).

State v. Brown

325 N.J. Super. 447 · New Jersey Superior Court Appellate Division · Nov 10, 1999

While that establishes that defendant was armed, State v. Merritt, 247 N.J.Super. 425, 429-30 , 589 A.2d 648 (App. … He concedes that he "clearly qualified for extended term treatment in light of his prior convictions." The pre-sentence report describes him as a "27 year old career criminal ...

Furey v. County of Ocean

273 N.J. Super. 300 · New Jersey Superior Court Appellate Division · May 20, 1994

Rich opined that the drop-off would have been clearly visible to anybody looking for it, such as someone involved in the construction or maintenance of the road. … We conclude that the evidence presented by the plaintiff did establish a cause of action.

In re the Election of Directors & of Certain Officers of the A. A. Griffing Iron Co.

63 N.J.L. 168 · Supreme Court of New Jersey · Dec 19, 1898

concerning the jurisdiction we are now exercising, then exercised under a separate law: “ By the 'seventh section of the act this court are required to inquire into the matters or causes •of complaint, and thereupon to establish … corporation organized thereunder shall have a president, secretary and treasurer who shall be chosen either by the directors or stockholders as the bylaws may direct, and shall hold their offices until others are chosen and qualified

Croswell v. Shenouda

275 N.J. Super. 614 · New Jersey Superior Court Appellate Division · May 6, 1994

DOES PLAINTIFF'S PRIOR TERMINATED PREGNANCY OF WHICH DEFENDANT ADMITS PATERNITY QUALIFY HER AS HAVING A CHILD IN COMMON WITH DEFENDANT? … Clearly this is not an amendment which is being proposed in order to clarify an existing ambiguity or elucidate what is already the law.

Matter of Coruzzi

95 N.J. 557 · Supreme Court of New Jersey · Mar 20, 1984

Long before the 1970 adoption of the judicial removal statute, the rule was firmly established that the conviction of an attorney conclusively established the underlying facts in disciplinary proceedings. … In exchange for a grant of immunity, Caggiano agreed to cooperate with the police and was fitted with electronic surveillance equipment.

Edmond v. Neuberger

112 N.J.L. 203 · Supreme Court of New Jersey · Jan 5, 1934

We are clearly of the opinion that the alleged parol agreement for the repurchase of the stock was part and parcel of the writing between the parties. … It appears to us that it would require a construction contrary to the established law of our state (Naumberg v. Young, 44 N. J.

McLaughlin v. Rova Farms, Inc.

56 N.J. 288 · Supreme Court of New Jersey · Jun 22, 1970

Although his qualifications were not as impressive as those of plaintiffs’ witness, he was adequately qualified to testify. … But since a retrial was ordered it went on to say that “* * * it had been established earlier that the expert had inspected the facilities, and he thus was qualified, if he first described the facilities (about which there

Woodruff v. Morristown Institution for Savings

34 N.J. Eq. 174 · New Jersey Court of Chancery · May 15, 1881

Where a recital is followed by general words, the general words will be held to be limited or qualified by the recital, in obedience to the maxim, verba generalia, restringuntur ad hábilitatem rei vel personam. … Dean, or those who have succeeded to his rights, could urge against them, the established rule being that the assignee of a mortgage takes it subject to all the equities which the mortgagor may claim against it, but free

Mani v. Mani

183 N.J. 70 · Supreme Court of New Jersey · Apr 6, 2005

The thirteen alimony factors listed in N.J.S.A. 2A:34-23(b) clearly center on the economic status of the parties. That is the primary alimony focus. … For purposes of this rule, paraprofessional services shall mean those services rendered by individuals who are qualified through education, work experience or training who perform specifically delegated tasks which are legal

MACELLARI

District Court, D. New Jersey · Feb 11, 2026

While IFP status is not reserved solely for the “absolutely destitute[,]” the litigant “must establish that he is unable to pay the costs of his suit.” Hurst v. Shalk, 659 F. … Under the doctrine of judicial immunity, “a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge’s judicial capacity” or “for actions, though judicial in nature, taken in the

Jersey Shore Medical Center v. Neptune Township

14 N.J. Tax 49 · New Jersey Tax Court · Apr 13, 1994

The financial arrangement between Overlook Hospital and Summit Parking did not establish a profit-making purpose. … It may be worth noting, however, that, if the coffee shop were deemed reasonably necessary for hospital purposes, it would clearly fail the third test.

FULLERTON v. TINTON FALLS

District Court, D. New Jersey · Sep 30, 2020

Here, the chief argument of Officer Reyes is that the doctrine of qualified immunity applies, and summary judgment should be granted. … Qualified immunity protects the state actor for his reasonable actions. More specifically, the next issue is whether qualified immunity protects Officer Reyes for shooting the dogs.

BROOKMAN v. TOWNSHIP OF HILLSIDE

District Court, D. New Jersey · Jul 23, 2019

To qualify for good faith immunity, a public employee must prove either “objective reasonableness” or that he acted with “subjective good faith.” Alston v. … Defendants assert they are entitled to qualified ll immunity and, in any event, Plaintiffs fail to establish the necessary elements of a “‘spoliation” claim.

NYANTENG v. THOMPSON

District Court, D. New Jersey · Jul 15, 2022

(ECF No. 21- 1) at 14–20); (2) Defendants are entitled to qualified immunity (id. at 20–28, 32–38); (3) the Court should dismiss Nyanteng’s § 1983 and NJCRA claims for the same reasons supporting dismissal of the Bivens … (ECF No. 29 at 50 (“[T]he defendants/federal employees do not qualify to claim law enforcement status.”).) Therefore, the FTCA’s sovereign immunity waiver does not apply.

State v. Goodmann

390 N.J. Super. 259 · New Jersey Superior Court Appellate Division · Feb 2, 2007

We have held in the context of the immunities afforded to merchants pursuant to the shoplifting statute that the statute’s exclusive concern is with “preventing the loss of merchandise without full payment — the protection … Penal statutes “are not to be regarded as including anything which is not within their letter as well as their spirit, which is not clearly and intelligently described in the very words of the statute, as well as manifestly

In Re Rawls

197 N.J. Super. 78 · New Jersey Superior Court Appellate Division · Jul 11, 1984

Therefore, the court [1] , sua sponte, ordered both the special policeman and the security company to show cause why they should not be restrained from such activity without said employee qualifying under the Private Detective … The regulatory provisions of N.J.A.C. 13:55-1.8 precluding a police officer from becoming or acting as a qualifying member, officer, or director of a private detective agency, do not prohibit the officer from becoming or

James F. Walters v. Ymca

437 N.J. Super. 111 · New Jersey Superior Court Appellate Division · Aug 18, 2014

Applying the Gershon factors, we emphasize "that business establishments in New Jersey have well-established duties of care to patrons that come upon their … As we have already noted, business establishments in New Jersey have well-established duties of care to patrons that come upon their premises.

Bodnarchuk v. Board of Review

309 N.J. Super. 399 · New Jersey Superior Court Appellate Division · Apr 1, 1998

The Board's additional determination that plaintiff did not establish the base year pursuant to N.J.S.A. 43:21-19(c)(1) is not relevant to this proceeding. … Plaintiff never contended that he qualified under that provision of the statute.