Case law

Tri-State Ship Repair & Dry Dock Co. v. City of Perth Amboy

349 N.J. Super. 418 · New Jersey Superior Court Appellate Division · Mar 28, 2002

In our judgment, plaintiff clearly failed in that regard. … restated the considerations that are generally applied when a court is asked to consider the timeliness of a challenge in lieu of prerogative writs: This Court previously has defined three general categories of cases that qualify

Miller v. Bd. of Chosen Freeholders, Hudson County

10 N.J. 398 · Supreme Court of New Jersey · Oct 20, 1952

Miller, his widow, qualified as administratrix of Adolph Miller’s estate on June 14, 1949. Herman C. … Thus the present case is clearly within the rule of Ross v.

Middletown Township PBA Local 124 v. Township of Middletown

193 N.J. 1 · Supreme Court of New Jersey · Dec 3, 2007

Nothing in the statute suggests that the broadening of the class of qualified retirees is inoperative in the absence of an ordinance or resolution. … Thus, on balance, the totality of the past practice evidence adduced clearly favors the joint PBA/SOA position.

Brunell v. Wildwood Crest Police Department

176 N.J. 225 · Supreme Court of New Jersey · May 21, 2003

For example, a worker who loses a finger due to a malfunctioning machine clearly has suffered an untoward or unexpected event resulting in hurt or loss. That is an accidental injury. … Accordingly, it is possible, depending on the facts adduced at trial, for the claimants to qualify under different sections of the statute, or for one to qualify and not the other.

Joshua Abrams v. Richard Isolda

New Jersey Superior Court Appellate Division · May 1, 2025

The doctrine of litigation immunity provides: A-0561-23 10  [A]n absolute immunity exists … Therefore, Isolda is entitled to litigation immunity regarding these claims.

Mount v. Trustees of Pub. Emp. Retirement Syst.

133 N.J. Super. 72 · New Jersey Superior Court Appellate Division · Mar 5, 1975

The grant, in such circumstances, was clearly premature and improvident and warranted the board's exercise of its inherent power to take requisite corrective action. … But this is clearly not tantamount to a binding determination of that prerequisite.

Standard Oil, Etc., Union v. ESSO RESEARCH, CO.

38 N.J. Super. 106 · New Jersey Superior Court Appellate Division · Nov 14, 1955

It further proposed that Senior Operators, Operators and Senior Laboratory Assistants who qualified, be considered "on an individual basis for appointment, at a salary to be fixed on a merit basis, as Senior Technicians * … The ground upon which the courts will intrude in a matter of this kind has been clearly established.

New Jersey State Bar Ass'n v. State

382 N.J. Super. 284 · New Jersey Superior Court Appellate Division · Jun 15, 2005

The criteria for designating underserved areas are established in N.J.S.A. 18A:71C-35. The agreement is clearly delineated and circumscribed by legislation. … Whether an expert is qualified can determine the outcome of a case. If, on the day of trial, a proffered expert is not qualified in a case requiring expert testimony, it would be outcome determinative.

State v. Board of Township Committee

57 N.J.L. 588 · Supreme Court of New Jersey · Feb 15, 1895

But whether this be so or not, this power to contract for a longer period is clearly found in the act of 1894. … The bid of the prosecutor Schef bauer was clearly not in accordance with the advertisement.

State v. Bridges

131 N.J. 402 · Supreme Court of New Jersey · Feb 25, 1993

This bill clearly establishes the degree and severity of every drug offense, taking into account the nature and dangerousness of the specific controlled substance involved, the amount and purity of that substance, and the … County inmates may qualify for a work-release program that would allow them to hold on to their job while serving their sentence. Ibid.

Curtis v. Aaronson

49 N.J.L. 68 · Supreme Court of New Jersey · Nov 15, 1886

If a grant by sufficient description clearly ascertains the location of the premises conveyed, it is for the court to see that the grant is applied to the subject matter in accordance with the expressed intention of the parties … In such cases, recitals of fact not made by one in possession as owner and qualifying such possession, not made by an owner against interest, not made by one in the performance under proper authority of some provable act

SDG v. Inventory Control Co.

178 N.J. Super. 411 · New Jersey Superior Court Appellate Division · Apr 2, 1981

Clearly, the requirement of a month's notice is intended to afford the landlord a reasonable opportunity to secure another tenant. See e.g., Pennsylvania R.R. Co. v. L. Albert & Son, Inc., 26 N.J. … With respect to the first of these claims, the uncontradicted testimony of the landlord's principal established that a portion of the carpeting had been burned and stained with ink spots.

Gutierrez v. Johnson & Johnson

467 F. Supp. 2d 403 · District Court, D. New Jersey · Dec 19, 2008

There must be equal opportunity for employment development [a]nd advancement for the qualified.” … Numerosity Records produced by Defendant indicate that the proposed class encompasses approximately 8,600 current and former employees, clearly establishing numerosity. See Stewart v.

DeMaria v. JEB BROOK, LLC

372 N.J. Super. 138 · New Jersey Superior Court Appellate Division · Oct 3, 2003

Clearly, the Board's conduct during the hearings, at best, was confused. … A court did not interfere, however, when board members, although acknowledging their interaction with interested parties in the same circumstance, clearly established their resolution of the issue was based upon evidence

Borough of Lodi v. Fravi Realty Co.

4 N.J. 28 · Supreme Court of New Jersey · Feb 14, 1950

Specifically, we accept the contention that Cavallo, in addition to representing the borough, also acted as clerk to the auc *33 tioneer; and from this it follows that as clerk to the auctioneer he was qualified to bind the … The writing, clearly, is not an agreement of purchase and sale, is not an authentication of sale and is not sufficiently intelligible to constitute a memorandum or note- of such an agreement or of a sale.

Bankers Trust Co. v. NY, ETC., FOR ANIMALS

17 N.J. Super. 398 · New Jersey Superior Court Appellate Division · Jan 18, 1952

It is significant that the testator made two bequests to the league and clearly distinguished between them. … Eq. 548 ( Ch. 1933), which involved a fund insufficient to establish a home for aged men; the fund was divided equally between two established homes for the aged in Paterson, to be devoted exclusively to the care of men.

In Re the Civil Commitment of J.M.B.

197 N.J. 563 · Supreme Court of New Jersey · Feb 23, 2009

Therefore, and in sum, in the civil SVPA commitment proceeding two essential findings must be established. First, the fact of the prior, predicate conviction must be established. … The civil commitment court’s findings must be based on solid evidence that the person's conduct in the circumstances underlying his conviction clearly and convincingly establishes sexually violent behavior.

Affiliated Distillers Brands Corp. v. Sills

106 N.J. Super. 458 · New Jersey Superior Court Appellate Division · Aug 1, 1969

Plaintiff argues that the legislation under attack was clearly and exclusively designed and promoted for the benefit of the members of New Jersey Wine and Spirit Wholesalers Association, and invalid for lack of a sufficient … One class of race courses may be established without regard to conditions at all; another class can only be established by submitting to the imposition of a condition which may be either of difficult or impossible performance

Brodsky v. Grinnell Haulers, Inc.

362 N.J. Super. 256 · New Jersey Superior Court Appellate Division · Jul 21, 2003

Here, the jury did not assess Horsman's negligence in order to establish Horsman's "personal liability," in violation of 11 U.S.C.A. § 524 (a)(2). … Horsman was not statutorily immune from a negligence suit at the time of the accident. Horsman only became immune after he discharged his debt in bankruptcy.

D.S. v. Board of Education

188 N.J. Super. 592 · New Jersey Superior Court Appellate Division · Feb 15, 1983

The Education Act, however, is not silent on what qualifies as a free appropriate public education (FAPE). … The State Board tells us that, prior to enactment of the state regulation, responsibility for the maintenance of residentially-placed handicapped children was not clearly defined and varied by district and school.