Case law

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.

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.

Ades v. Mayor of Deal

69 N.J. 86 · Supreme Court of New Jersey · Jan 20, 1976

As it evolved from complaint through entry of judgment, this case presents the question whether plaintiffs have established a .cause of action for injunctive relief to abate flooding against the defendant Monmouth County. … The principal proofs at the trial were presented through engineering witnesses, one Poznak for the plaintiffs and one Barrett for the county, both apparently well qualified as experts.

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.

In re the November 2, 2010 General Election

423 N.J. Super. 190 · New Jersey Superior Court Appellate Division · Nov 23, 2011

N.J.S.A 19:31-6.4 directs the Secretary of State to prepare voter registration forms and states that such forms “shall require ... information ... in substantially the following form: VOTER REGISRATION APPLICATION Print clearly … While the trial judge was satisfied that Hoffman “intended to make South Amboy her permanent home,” mere intent or an inchoate desire to establish a domicile at a given location is insufficient to establish domicile as a

Kimberly Eydelman v. Vladimir Eydelman

New Jersey Superior Court Appellate Division · Feb 18, 2025

However, before considering distribution of marital property, the trial court must first decide which property qualifies as marital property and which property, if any, belongs to either spouse separately. … "To refute such a presumption, the party seeking exclusion of the asset must bear 'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'"

GITTENS v. PEPPER

District Court, D. New Jersey · Nov 14, 2024

§ 1915(e)(2)(B) and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or seeks relief from an immune defendant. … Although these grievances and other complaints Plaintiff has filed have not borne fruit, Plaintiff clearly has access to a remedy system where he may raise his claims, and the theft or loss of his property therefore does

State v. Luckey

366 N.J. Super. 79 · New Jersey Superior Court Appellate Division · Jan 26, 2004

Nevertheless, the burden rests on the defendant to establish why the motion to withdraw his or her guilty plea should be granted. … This record clearly indicates that the plea of guilty was the product of a free and rational choice, made with the advice of competent counsel.

Margaritell v. Caldwell Twp.

58 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Nov 12, 1959

Morris qualified, and she acted as sole executrix and trustee. … It thus clearly appears that at no time after Burt S.

Helmer v. Yardley

93 N.J. Eq. 661 · Supreme Court of New Jersey · Mar 13, 1922

testator and died the 15th of March, 1917, leaving a last will and testament which ivas admitted "to probate by the surrogate’s court, county of Rockland, New York, and letters testamentary were issued to petitioner, wlm qualified … Clearly the intention of testator was to give $25,000 to aid the free advice and treatment of patients under the School of Osteopathy. He placed the fund to be paid out under the direction of Dr.

DeJoy v. Comcast Cable Communications Inc.

968 F. Supp. 963 · District Court, D. New Jersey · Mar 21, 1997

In order to establish a prima facie case of discrimination, DeJoy must prove by a preponderance of the evidence (1) he belongs to a protected class, (2) he was qualified for the Vice President and General Manager positions … Finally, DeJoy, despite being qualified, has been replaced by two younger men. Defendants, moreover, concede, for the purposes of the instant motion, that DeJoy has established a prima facie case of age discrimination.

State v. Selvaggio

206 N.J. Super. 328 · New Jersey Superior Court Appellate Division · Dec 5, 1985

to distribute; (2) the prejudicial effect of proffered evidence by the prosecutor constituted plain error; (3) the State failed to prove that defendant possessed librium with intent to distribute; (4) the State failed to establish … We find that all the issues of law raised by defendant in connection with the conviction are clearly without merit. R. 2:11-3(e)(2).

Janiec v. State

85 N.J. Super. 68 · New Jersey Superior Court Appellate Division · Sep 25, 1964

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence."

Kimberly Eydelman v. Vladimir Eydelman

New Jersey Superior Court Appellate Division · Feb 18, 2025

However, before considering distribution of marital property, the trial court must first decide which property qualifies as marital property and which property, if any, belongs to either spouse separately. … "To refute such a presumption, the party seeking exclusion of the asset must bear 'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'"

Lewis v. Guadagno

837 F. Supp. 2d 393 · District Court, D. New Jersey · May 3, 2011

Trans-Hudson Corp., 513 U.S. 30, 47 , 115 S.Ct. 394 , 130 L.Ed.2d 245 (1994) (reiterating a well-established prior holding of the Court that “cities and counties do not enjoy Eleventh Amendment immunity”); see also Chisolm … It appears that he would qualify to run for state assembly, for county freeholder or for municipal office.

Levchuk v. Jovich

372 N.J. Super. 149 · New Jersey Superior Court Appellate Division · Feb 4, 2004

The procedure established to obtain relief under the prior reference requires a review of the successive rules. … Clearly, this vague and non-specific inclusion does not comport with the intent or mandate of the salient court rule.

Constantine v. TOWNSHIP OF BASS RIVER

406 N.J. Super. 305 · New Jersey Superior Court Appellate Division · Apr 3, 2009

The question, of course, is not whether the policy supporting access to public records and the policy supporting a defendant's access to discovery are congruent, because they clearly are not. … privileges or immunities secured by the Constitution or laws of this State, or whose exercise or enjoyment of those substantive rights, privileges or immunities has been interfered with or attempted to be interfered with,

Imre v. Riegel Paper Corp.

43 N.J. Super. 289 · New Jersey Superior Court Appellate Division · Jan 11, 1957

modern, more pragmatical, decisional law regarding the protection of certain classes of intruders on the lands of another is reducing the precedential impressiveness of the much earlier decisions, and shrinking the former immunities … The continued existence of the clearly apparent path to the dumping ground was, it is argued, an inviting accommodation to trespassers to make use of it in their excursions to the river, and of this endangering enticement

McGuinness v. Barnes

294 N.J. Super. 519 · New Jersey Superior Court Appellate Division · Nov 16, 1994

Defendant objects to the plaintiff's using his statements at trial, arguing that it is prejudicial because it is not proper evidence to establish a standard of care; because it is barred by the doctrine of sovereign immunity … Their effect instead is clearly inhibitive; rather than facilitating the illumination of truth, they shut out the light. ........