Case law

Howard Savings Institution v. Trustees of Amherst College

61 N.J. Super. 119 · New Jersey Superior Court Appellate Division · Apr 14, 1960

establishes that neither defendant, now comprising Kinfolk, was a desirable beneficiary party. … Amherst was shown to be non-sectarian, and the resolution of Amherst clearly belies any other disposition.

Schaffer v. Oldak

12 N.J. Super. 80 · New Jersey Superior Court Appellate Division · Feb 19, 1951

Nathan Schaffer and Estelle Schaffer have duly qualified and are acting as trustees of the trust mentioned in Paragraph Seventh (c) 3 aforesaid. … Super. 517 ( Law Div. 1950), is clearly distinguishable. There the defendant pleaded the statute of limitations.

Concerned Citizens v. Mayor

370 N.J. Super. 429 · New Jersey Superior Court Appellate Division · Jun 30, 2004

The judge observed that "there is no requirement that an individual preparing a report regarding a redevelopment be qualified as an expert." … In my view, however, those facts failed to establish an important public interest that required adjudication.

Franklin Tp. v. BD. OF ED. N. HUNTERDON REG. HIGH SCH.

74 N.J. 345 · Supreme Court of New Jersey · Sep 22, 1977

Although the Court allowed a maximum deviation of 11.9%, it clearly announced that such justifications could be of only limited utility. … board had power to appoint a county school superintendent, prepare an annual budget, levy taxes and distribute those which were delinquent, take charge of educational programs and supervisory services, employ teachers and establish

Groel v. United Electric Co.

69 N.J. Eq. 397 · New Jersey Court of Chancery · Apr 18, 1905

attend, by its duly authorized attorne.y, on the courts of that state, in-suits founded on such contracts, wherever notice should be given by due process of law, served on the agent of the corporation resident in Ohio and qualified … They all clearly distinguish between such cases and those in which a designated agent is served.

N.C. Housing Associates v. Elayne Hightower-Cooper

281 N.J. Super. 317 · New Jersey Superior Court Appellate Division · Jan 23, 1995

R. 4:49-l(c). *323 Clearly, the court herein had the duty and authority to vacate this judgment of possession sua sponte. … The burden of proof is upon the landlord to establish it.

State v. Smith

262 N.J. Super. 487 · New Jersey Superior Court Appellate Division · Feb 17, 1993

From our review of this record, we conclude that neither of defendant's two premises has been established. First, if HIV cannot possibly be spread by a bite, the evidence at trial did not establish that proposition. … Defendant also suggests how a "better drafter" could have more clearly expressed the meaning he infers.

Briscoe v. O'Connor

118 N.J. Eq. 322 · New Jersey Court of Chancery · Jun 6, 1935

There was no duty resting upon Briscoe to surrender the immunity and protection furnished him by our statute. … The evidence clearly establishes that Briscoe's assistance *Page 330 through McCloskey and several expert witnesses was no factor in O'Connor's determination to carry on the contest with the building and loan to a final decision

State v. Dixon

125 N.J. 223 · Supreme Court of New Jersey · Jul 25, 1991

It was, as he said, an attempt to obtain qualified jurors. … Does the jury’s verdict establish death eligibility?

Accuzip, Inc. v. Director, Division of Taxation

25 N.J. Tax 158 · New Jersey Tax Court · Aug 13, 2009

One such program allows businesses to clean up mailing lists to prevent duplicate mailings and to pre-sort mail so that businesses’ mailings can qualify for lower postage rates with the United States Postal Service. … For the in-State activities of the foreign corporation to immunize the corporation from taxation measured by income, such activities must be limited solely to: i.

Gerety v. Atlantic City Hilton Casino Resort

184 N.J. 391 · Supreme Court of New Jersey · Jul 25, 2005

hired or was terminated from that position; and (4) the employer sought to, or did fill the position with a similarly-qualified person. … Terminix Int’l, Inc., 109 N.J. 575 , 538 A.2d 794 (1988), and further clarifying second prong of test when used to assess whether terminated plaintiff has established prima facie case).

Berger v. Shapiro

30 N.J. 89 · Supreme Court of New Jersey · Jun 1, 1959

J. 438 (1957); Note, “Landowners’ Liability in New Jersey: The Limitation of Traditional Immunities," 12 Rutgers L. Rev. 599 , 610 (1958). … Moreover, in order to bar a recovery as a matter of law it must be conclusively established that such negligence proximately contributed to the plaintiff’s injury. Paolercio v. Wright, 2 N. J. 412, 413, 418 (1949).

Heli-Coil Corporation v. Webster

222 F. Supp. 831 · District Court, D. New Jersey · Oct 24, 1963

Likewise, he would qualify as “such * * * director” who might be liable under section 16(b). … The cases decided under section 16 (b) establish the rule that in determining profit, the highest sale prices are to be matched with the lowest purchase prices within the periods involved. Smolowe v.

Phillips v. ERIE LACKAWANNA RR CO.

107 N.J. Super. 590 · New Jersey Superior Court Appellate Division · Dec 11, 1969

However, we need not enter into the policy debate reflected in the source data cited above, for we are satisfied that the historical background of the adoption in this State of Evidence Rule 63(15) demonstrates clearly the … In 1962 the Supreme Court established a new committee to go forward with the work of evidence rules revision, and there eventuated the 1963 Supreme Court Committee Report.

Marenbach v. City of Margate

942 F. Supp. 2d 488 · District Court, D. New Jersey · Apr 29, 2013

It reiterated that Ventnor *492 Avenue is a County road, and refuted the contention of plaintiffs Pennsylvania attorney that the street is not clearly marked as such. … Plaintiffs also contend that a jury must decide whether Margate had constructive knowledge of the dangerous condition. 1 Considering the “guiding principle” that “immunity from tort liability is the general rule and liability

Smith v. Fireworks by Girone, Inc.

380 N.J. Super. 273 · New Jersey Superior Court Appellate Division · Sep 21, 2005

It is well established that the public policy of this State favors settlement of litigation. Herrera v. … Here, however, plaintiffs, as well as Lexington’s insured, Girone, clearly would be prejudiced if the settlement were to be vacated.

State v. J.G.

261 N.J. Super. 409 · New Jersey Superior Court Appellate Division · Jan 6, 1993

Although these statements were less detailed, the court determined that their reliability was established by the totality of the circumstances. … Defendant’s remaining arguments in which he challenges the fairness of the trial and the jury’s verdict are clearly without merit. R. 2:11-3(e)(2).

LINTON

District Court, D. New Jersey · Dec 31, 2025

Feeney, 495 U.S. 299, 304 (1990) (“This Court has drawn upon principles of sovereign immunity to construe the [Eleventh] Amendment to establish that an unconsenting State is immune from suits brought in federal courts by … Apr. 10, 2023) (dismissing pro se plaintiff’s complaint against the NJOAG because “it is well established” that the NJOAG is “entitled to Eleventh Amendment immunity” as a subunit of the State of New Jersey); Polanco v.

Bittle v. Camden & Atlantic Railroad

55 N.J.L. 615 · Supreme Court of New Jersey · Jun 15, 1893

Cas. 193, to say whether any facts have been established by evidence from which negligence may be reasonably inferred. … It follows that if the real facts have not been established by the evidence, but remain in substantial dispute, the trial judge must submit them, and the inferences to be drawn from those which the jury find established,

State v. Mayor of Bayonne

58 N.J.L. 325 · Supreme Court of New Jersey · Nov 15, 1895

Salter qualified and entered upon the duties of his office, and continued in office until June 5th, 1894. … The general principle has been so universally established that quo warranto is the only action by which the title to a public office can be looked into and tested, as to need no citation of authorities to support it, and