Case law

THE ESTATE OF FRANK JOSEPH COVELLO, JR. VS. THE COUNTY OF MORRIS (L-1831-17, MORRIS COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jun 22, 2021

As a starting point to our TCA analysis, N.J.S.A. 59:2-1(b) provides that "[a]ny liability of a public entity established by this act is subject to any immunity of the public entity . . . ." … Utilizing a similar analytical framework, N.J.S.A. 59:3-2 establishes discretionary immunity for public employees.

In re the Burlington County Board

188 N.J. Super. 343 · New Jersey Superior Court Appellate Division · Jan 21, 1983

that union members are being discriminated against; officers are guarding empty cells; applications by prospective employees are being discouraged; sheriff’s officers are being used for the private purposes of the sheriff; qualified … The board of freeholders are directly concerned since their employees, paid with their monies, are the ones affected, and the requested investigation clearly involves financial affairs to which the statute relates.

Appleton v. American Malting Co.

65 N.J. Eq. 375 · Supreme Court of New Jersey · Mar 11, 1903

By section 12 of the Corporation act, directors are required to be chosen annually, and are authorized to hold office for one year, and until others are chosen and qualified in their stead. … The complainants do not bring the suit to establish any right- of their own, or because they are personally entitled to the relief sought.

State of New Jersey v. Kashif K. Patterson

435 N.J. Super. 498 · New Jersey Superior Court Appellate Division · May 9, 2014

Defendant could not expect his statement to be immune from prosecutorial comment in closing. … Instead, Subsection 6(f) clearly and unambiguously lists only N.J.S.A. 2C:35-3, -4, -5, -6, and -7.

Estate of Berg v. Director, Division of Taxation

17 N.J. Tax 256 · New Jersey Tax Court · Mar 25, 1998

Inge and Werner testified that the transfers for all three women were made in response to rising nursing home care costs and in an attempt to accelerate their qualifying for Medicaid. … Such action indicates an intent to preserve the decedent’s assets and estate for her heirs and clearly constitutes a testamentary disposition.

MORRIS

District Court, D. New Jersey · Jun 3, 2026

See Exhibit 5 to Complaint at 50. 5 now, a qualified immunity analysis.'4 * * * … does not place the burden upon a litigant of establishing facts peculiarly within the knowledge of his adversary.”); Makdisi v. U.S. Dep’t of State, 2026 WL 1217053, at *9 (D.N.J.

Marini v. Borough of Wanaque

37 N.J. Super. 32 · New Jersey Superior Court Appellate Division · Jul 5, 1955

He is a graduate mechanical engineer but admittedly not qualified as a construction expert. The Gordon property is an irregular parcel of land on the southeast corner of Ringwood Avenue and Railroad Avenue in Wanaque. … Section 3 of the ordinance purported to establish districts of fire limits.

State v. Livingston

172 N.J. 209 · Supreme Court of New Jersey · May 23, 2002

Although I seriously doubt that the Legislature contemplated the result we reach, our precedents clearly require that we strictly construe criminal statutes. See State v. … Likewise, the Court of Appeals of Idaho interpreted the rule that "convictions entered the same day ... should count as a single conviction for purposes of establishing habitual offender status," as allowing "a defendant

Stewart v. 104 Wallace Street, Inc.

87 N.J. 146 · Supreme Court of New Jersey · Jul 22, 1981

Justice Proctor ten years ago: It is manifestly unjust to permit a property owner to sit idly by and watch with impunity as his sidewalk deteriorates to a point where it becomes a trap for unwary pedestrians and then to immunize … The trial judge, who saw photographs of the sidewalk, said that “clearly dilapidated” would be a “mild term” to describe the sidewalk, the condition of which, he added, “is to say the least shocking.”

Sarbak v. Citigroup Global Markets, Inc.

354 F. Supp. 2d 531 · District Court, D. New Jersey · Dec 21, 2004

Furthermore, there must be an unambiguous writing that clearly establishes that an employee intended to waive the right to sue. … As we have stressed in other contexts, a party’s waiver of statutory rights must be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively.

New Jersey Firemen's Ass'n v. Doe

230 N.J. 258 · Supreme Court of New Jersey · Aug 3, 2017

Moreover, OPRA clearly and unambiguously confers the right to initiate a suit after a public agency’s denial of access only upon the requestor. N.J.S.A. 47:1A-6. … Fifth, the Association has established a safeguard to prevent disclosure by converting applicants’ names into unique identification numbers.

Carroll v. Caufield

80 N.J. Super. 472 · New Jersey Superior Court Appellate Division · Sep 27, 1963

They contend, further, that the statute cited is subject to no judicial construction, being clear on its face and clearly applicable to their circumstances. … This act merely establishes a seniority right which has heretofore been denied." *480 Each of these quotations appears to be protective in tone.

Longo v. Aprile

374 N.J. Super. 469 · New Jersey Superior Court Appellate Division · Jan 31, 2005

Noting that the drip ledge was out in the open, clearly visible, and not concealed in any way, the judge found that it was not a latent condition and, therefore, defendants could not be liable to Ronald as social hosts. … Simply put, there is nothing to establish that the drip ledge or the roof as it existed on the day in question qualified as a danger posing an unreasonable risk of harm to Ronald. Affirmed.

RIYAZ v. INTEGRA LIFE SCIENCES

District Court, D. New Jersey · May 1, 2025

Upon review, the Court finds that Plaintiff has established indigence and grants the IFP Application. … Discrimination To establish a prima facie case of discrimination under the ADA, Plaintiff must adequately allege that: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to

In Re Estate of Griswold

140 N.J. Super. 35 · New Jersey Superior Court Appellate Division · Jan 30, 1976

Coe qualified to take a bequest given upon the death of the life tenant to her "lawful children." The will was dated September 1, 1897. Testatrix died September 8, 1897. … In any event the first portion clearly dealt with intestate personal and real property.

Baptist Home of South Jersey v. Bor. of Riverton

201 N.J. Super. 226 · New Jersey Superior Court Appellate Division · Mar 27, 1984

N.J.S.A. 40:55D-23a provides for the creation of a planning board and establishes its membership. … The educational mission of a regional high school is clearly a "special reason" within the meaning of the statute just cited.

State v. McLaughlin

205 N.J. 185 · Supreme Court of New Jersey · Mar 3, 2011

It explained that those statements “were clearly relevant to prove the conduct of [Serrano] and defendant[,]” and that Serrano’s “state of mind was also relevant as proof of [his] commission of the crimes for purposes of … Kemp, 195 N.J. 136, 149 , 948 A.2d 686 (2008), and that their admission was error “of such a nature as to have been clearly capable of producing an unjust result[.]” R. 2:10-2; State v.

Robin B. Wojtkowiak v. New Jersey Motor Vehicle Commission and New Jersey Division on Civil Rights

439 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jan 2, 2015

The Legislature established the Division to administer and enforce the LAD. See N.J.S.A. 10:5-6. … Here, complainant showed she had a disability and was qualified to apply for a driver's license.

State v. Latimore

197 N.J. Super. 197 · New Jersey Superior Court Appellate Division · Oct 24, 1984

N.J.S.A. 2C:43-6d clearly provides: "The court shall not impose a mandatory sentence pursuant to subsection c of this section, 2C:43-7c or 2C:44-3d unless the ground therefore has been established at a hearing." … N.J.S.A. 2C:43-6d provides what must be established at the hearing required by that section: At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that

Reeves v. Cordes

108 N.J. Eq. 469 · New Jersey Court of Chancery · Jul 5, 1931

owners of two bonds and mortgages, each in the principal sum of $12,500, which were executed and delivered on May 18th, 1925, by complainant to one Herman Meincke, now deceased, under whose will defendants were appointed and qualified … The amended bill alleges, and a copy of the deed thereto annexed clearly discloses, that the properties were sold subject to the mortgages in question.