Case law

515 ASSOCIATES v. City of Newark

132 N.J. 180 · Supreme Court of New Jersey · May 13, 1993

Our sole function is to evaluate the City’s actions in light of the salient constitutional provisions and established precedent. With that focus established, we turn now to plaintiffs’ arguments. … Requiring off-duty police officers for those tasks is not clearly irrational.

Shilowitz v. Shilowitz

115 N.J. Super. 165 · New Jersey Superior Court Appellate Division · Jun 10, 1971

Defendant trustees contend that the main purpose of thus using the secretary was to immunize decedent from personal liability for the liens and debts then to be incurred. … The distinction between the two must be kept clearly in mind.

Areba School Corp. v. Mayor of Randolph

151 N.J. Super. 336 · New Jersey Superior Court Appellate Division · Jul 11, 1977

C. 6:28-3.24(b), “not to exceed the maximum tuition cost figure established by the State Board of Education for the school year considered * * *” (id.), conditioned in most circumstances upon academic instruction of at least … judge’s finding that the Areba School was primarily a therapeutic community with merely an ancillary educational component, and therefore that Areba is not an educational institution for the pertinent zoning purposes, is clearly

Murphy v. Zink

136 N.J.L. 235 · Supreme Court of New Jersey · Jul 19, 1947

There are many statutory clauses and conditions for the retirement of public employees on pension and for the establishment and upkeep of pension funds. • The prosecutor asserts his right to be retired on pension pursuant … 1944 amendment, has created the basis for an argument that service with the state cannot be added to service with a county-or municipality so as to provide the necessary twenty years’ service that a veteran must have to qualify

United States Ex Rel. Glickfeld v. Krendel

136 F. Supp. 276 · District Court, D. New Jersey · Dec 6, 1955

The omission by Congress of any qualifying words • was intended to permit a suit by anyone who furnished labor or material. … Professor Corbin writes: “The payment is not a compromise, as both parties are clearly aware.

Texter v. Department of Human Services

88 N.J. 376 · Supreme Court of New Jersey · Mar 18, 1982

To participate in the Kerr-Mills program, New Jersey established MAA in 1962. L. 1962, c. 222. … To effectuate this policy, the Legislature established a Division on *388 Aging, N.J.S.A. 26:1A-107 (Supp. 1981), and authorized the counties to establish an Office on Aging. N.J.S.A. 40:23-6.39 (Supp. 1981).

State v. Anthony Sims, Jr. (085369) (Monmouth County & Statewide)

Supreme Court of New Jersey · Mar 16, 2022

would refuse to testify even if he were offered immunity. … According to the State, P.V. was clearly “unavailable” under N.J.R.E. 804(a)(2) because he invoked his Fifth Amendment rights and declined to testify despite an offer of immunity, and the requirements of N.J.R.E. 804(b

Canada Dry Ginger Ale, Inc. v. F & a Distributing Co.

28 N.J. 444 · Supreme Court of New Jersey · Dec 15, 1958

The issue being the same in each case, the hearer consolidated the three petitions by consent and after a hearing filed a single report in which he concluded that the petitioners had established that the action of Canada … It further contends that there was no proof that the petitioners were better qualified than the five wholesalers who were retained.

Templeton Arms v. Feins

220 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Aug 10, 1987

Shortly thereafter, she applied to the D.C.A. and qualified for H.U.D. assistance, while contemporaneously Templeton Arms agreed to participate in the Section 8 program. … Feins was the only tenant involved in the Section 8 program, it clearly terminated its participation in good faith by sending her more than 45 days notice of its planned action, [8] and by refusing requests of other tenants

Matter of Vineland Chemical Co.

243 N.J. Super. 285 · New Jersey Superior Court Appellate Division · Aug 15, 1990

Thus, even if N.J.S.A. 58:10A-13 had the "grandfather" effect claimed, the relevant "matter" upon which that statute could operate was clearly ViChem's TWA application. … See N.J.S.A. 58:10A-6f(1) ("standards established pursuant to the Federal Act or this Act").

Kronberg v. Kronberg

263 N.J. Super. 632 · New Jersey Superior Court Appellate Division · Jan 13, 1993

She would not qualify because it is undisputed that she and Louis have lived separate for many years. … established. ( Matter of Conroy, 98 N.J. 321, 364 , 486 A. 2d 1209 [1985]).

State v. Carter

91 N.J. 86 · Supreme Court of New Jersey · Aug 17, 1982

The rule established in Brady v. … In doing so, the prosecutor must clearly avoid reflecting upon a defendant’s Fifth Amendment right to remain silent.

CONSERVE v. CITY OF ORANGE

District Court, D. New Jersey · May 23, 2022

of rights, privileges, or immunities secured by the Constitution or laws of the United States.” … Ptaszynski addressed the question of whether a police station (and its officers) qualifies as a place of public accommodation under the NJLAD where plaintiffs requested police intervention at their home by calling 911 and

Abouzaid v. Mansard Gardens Associates, LLC

207 N.J. 67 · Supreme Court of New Jersey · Jun 21, 2011

The appellate panel also concluded that Whitcomb’s claims qualified as “bodily injury” under the policy. Ibid. … Co., 719 F.2d 116, 119 (5th Cir.1983) ("When the alleged cause of action is neither clearly without nor clearly within coverage, the insurer is obligated to defend if there is, potentially, a cause under the complaint within

State v. Ferguson

255 N.J. Super. 530 · New Jersey Superior Court Appellate Division · Apr 21, 1992

(9); (3) defendant was particularly likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1b(1); (4) there were substantial grounds tending to excuse or justify defendant's conduct, though failing to establish … This statutory immunity takes much of the risk out of the decision to testify at the transfer hearing. We can infer no voluntary waiver of the right to testify in this situation.

Matter of Ass'n of Trial Lawyers of Am.

228 N.J. Super. 180 · New Jersey Superior Court Appellate Division · Oct 13, 1988

First, an association "may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy." Warth v. … Clearly, the Products Liability Act does not regulate or purport to regulate professional associations of any sort whatsoever. Nor does it in any way affect the associational rights of ATLA's members.

Dunphy v. Gregor

261 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Dec 23, 1992

The basic interest warranting protection was clearly articulated by the Court, 84 N.J. at 101 , 417 A. 2d 521 . … Rptr. 72 , 441 P. 2d 912 (1968), to establish the emotional distress cause of action.

Martinez v. National Broadcasting Co.

877 F. Supp. 219 · District Court, D. New Jersey · Dec 13, 1994

In addition, there is evidence in the record that plaintiff repeatedly applied for positions for which he was qualified, and that plaintiff was rejected. … In addition, plaintiff clearly cannot maintain a hostile work environment action based on his mere assumption that the derogatory remarks made about him by Krebs were racial in character.

Thornton v. Thornton

67 N.J. Eq. 499 · New Jersey Court of Chancery · Jul 26, 1904

Having determined that the defendant is guilty of adultery, it follows that she is not entitled to the aid of this court, even if the charge she makes against her husband be established, and it is also well settled that if … Having thus qualified themselves as witnesses to the infidelity of the defendant, they left the hotel and returned home.

Elmora Hebrew Center, Inc. v. Fishman

215 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Mar 13, 1987

Plaintiff contends that EHC is a nonorthodox congregation established to respect the tenets of "traditional" Judaism. … Such an inquiry was clearly beyond the realm of a civil court. The same situation exists here.