Case law

Chicago Five Portfolio, LLC v. Director, Division of Taxation

24 N.J. Tax 342 · New Jersey Tax Court · Dec 11, 2008

Additionally, an executed contract also means that signatures, attestation requirements and appropriate filing have been fully completed, leaving no question as to the qualify of the contract’s formation.”) … The second element of novation has also been met since the signing of the Amendment clearly demonstrates the parties’ intent to be bound by its terms. *355 The fourth element of novation has been satisfied as well since the

Chirino v. Proud 2 Haul, Inc.

458 N.J. Super. 308 · New Jersey Superior Court Appellate Division · Nov 30, 2017

However, this limitation is "subject to finite, qualified exceptions." Robinson , supra , 200 N.J. at 20 , 974 A.2d 1057 . … See Witt , supra , 223 N.J. at 419 , 126 A.3d 850 (finding "it would be unfair, and contrary to our established rules," to decide an issue when the respondent was "deprived of the opportunity to establish a record that might

State v. Porro

152 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Aug 1, 1977

He may be a willing witness or one who will be given immunity from prosecution in order to obtain his testimony. … "The application shall point out clearly the particulars sought by the defense."

State v. Mendez

252 N.J. Super. 155 · New Jersey Superior Court Appellate Division · Nov 27, 1991

This "rational-basis" test establishes a "low threshold ... for permitting a charge on a lesser included offense." State v. Crisantos, 102 N.J. 265, 278 , 508 A. 2d 167 (1986). … The State called defendant as a witness at Mendieta's trial, which was held subsequent to defendant's trial, and, after he had been granted immunity, attempted to question him.

S.B.K., ETC. VS. HARVEST OF HOPE (L-8102-11, ESSEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 14, 2018

Elizabeth Hospital the same year the Legislature established the Fost-Adopt Demonstration Program. … Stated differently, "[a] qualifying organization does not lose its statutory immunity merely because it charges money for its services, unless it makes a profit or collects fees for services totally

MOSHE ROZENBLIT VS. MARCIA v. LYLES (C-000002-17, HUDSON COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Aug 21, 2019

The establishment of a sick leave bank must be "agreed upon by the board and the majority representative." … In N.J.S.A. 18A:30-8, the Legislature clearly stated that a school district employee who qualifies as a member of the United States team for athletic competition on the world level "shall be granted a leave of absence with

Spectraserv v. MIDDLESEX UTIL.

416 N.J. Super. 565 · New Jersey Superior Court Appellate Division · Nov 18, 2010

The statute establishes specific means to effectuate this mandate. Custodians of public records must develop forms for OPRA requests that "provide space for... a brief description of the government record sought." … And although OPRA clearly contemplates the production of such records on an accelerated basis, Spectraserv's demand does not so qualify because, for reasons already stated, it was not authorized by law. III.

New Brunswick Cellular Telephone Co. v. Zoning Board of Adjustment

307 N.J. Super. 560 · New Jersey Superior Court Appellate Division · Jan 29, 1997

Westwood Zoning Bd. of Adjustment, 138 N.J. 285, 287 , 650 A.2d 340 (1994), established the standards for reviewing an application to deviate “from a specification or standard ... pertaining solely to a conditional use” under … CONCLUSION For the reasons set forth above, the Board’s rejection of Com-cast’s application for a d(3) variance was clearly arbitrary, capricious and unreasonable.

Watson v. Agway Ins. Co.

291 N.J. Super. 417 · New Jersey Superior Court Appellate Division · Jun 20, 1996

Nowhere in the policy does it state that where a natural person is listed as a named insured, the natural person qualifies as "you" for UIM coverage for himself or herself, but is not an "individual" in order to qualify a … To do so fulfills the reasonable expectations of the insureds in the context of the language used in the policy and is consistent with established principles of partnership law. Affirmed.

CWA Local 1044 v. Chief Justice of Supreme Court

118 N.J. 495 · Supreme Court of New Jersey · Apr 18, 1990

Again, with highly qualified members from both labor and management along with representatives of the judiciary, the Task Force, chaired by former Attorney General James R. … We do not believe that our present policy is so clearly correct as to be beyond reexamination at this time.

Matter of Registrant Gb

286 N.J. Super. 396 · New Jersey Superior Court Appellate Division · Jan 18, 1996

The trial court found counsel to be a capable and experienced attorney who was fully qualified to represent registrant. … where women are cared for, shall qualify, and only those that are `likely to encounter' the offender as discussed in connection with Tier Three[,]" were to be notified.

Pension Fund-Mid Jersey Trucking Industry-Local 701 v. Omni Funding Group

731 F. Supp. 161 · District Court, D. New Jersey · Feb 15, 1990

Pru-Bache further argues that, even if it were a fiduciary, it acted in accordance with investment objectives established by Mr. Higgins, and clearly informed him of the potential risks. … This provision clearly is designed to prevent fiduciaries from acting in concert to breach one of the fiduciary’s duties.

Weyman v. Thompson

50 N.J. Eq. 8 · New Jersey Court of Chancery · May 15, 1892

Weyman’s estate, when they qualified as executors, they would have discovered Mr. … The proofs in the present case clearly show that Mr.

Hale v. Lawrence

21 N.J.L. 714 · Supreme Court of New Jersey · Jul 15, 1848

remark that a citizen of a foreign state has a constitutional and legal right to come into our courts and prosecute his suits, if within their jurisdiction, and when he does so, he is entitled to the same privileges and immunities … The act charged as an injury was committed in the state of New York, and the justification sought to be established is set up under a statute of that state.

Graham v. NJ Real Estate Com'n

217 N.J. Super. 130 · New Jersey Superior Court Appellate Division · Apr 27, 1987

The licensing law was designed to place all aspects of the real estate business in the hands of qualified, licensed brokers and salespersons and to exclude the incompetent from the profession in order to protect the public … The amendment to N.J.S.A. 45:15-9 clearly serves that end.

Douglas v. Hendricks

236 F. Supp. 2d 412 · District Court, D. New Jersey · Aug 26, 2002

This Court finds that the state court’s determination was a reasonable interpretation of the facts and a reasonable application of clearly established federal law. E. … This court finds that the Appellate Division’s decision was a reasonable application of clearly established federal law and a reasonable application of the facts. F.

Resnick v. East Brunswick Township Board of Education

77 N.J. 88 · Supreme Court of New Jersey · Jul 11, 1978

Under the procedures established by the Board, a qualified association seeking to use the public school facilities submits an application directly to a local school administrator. … Our cases simply do not support the notion that a law found to have a "primary" effect to promote some legitimate end under the State's police power is immune from further examination to ascertain whether it also has the

Geneva and Preston Neal v. Lawnside Borough

New Jersey Tax Court · May 5, 2021

While the decedent was clearly entitled to make a claim for an exemption, and plaintiff has established her status as a qualifying surviving spouse, at the time of the death of the decedent he owned no property for which … N.J.S.A. 54:4-3.30(b)(1) is applicable here and clearly and expressly requires that the deceased veteran be entitled to the exemption “at the time of death.”

Legge Ind. v. Kushner Hebrew Acad.

333 N.J. Super. 537 · New Jersey Superior Court Appellate Division · Jul 27, 2000

defined, clearly understandable to the public and the industry, and clearly limited to specified amounts so as to cause the least interruption to construction activities and cash flow; 10. to permit the continued reliance … defined, clearly understandable to the public and the industry, and clearly limited to specified amounts so as to cause the least interruption to construction activities and cash flow; 10. to permit the continued reliance

Little Egg Harbor Tp. v. Bonsangue

316 N.J. Super. 271 · New Jersey Superior Court Appellate Division · Nov 9, 1998

He clearly stated his factful findings and correlated them with the relevant legal conclusions. Curtis v. Finneran, 83 N.J. 563, 570 , 417 A. 2d 15 (1980). … If a litigant establishes evidence to support a finding of a "reasonable probability" or "likelihood" that the contingencies would be fulfilled, then the contract's relevance and admissibility would be established.