Case law

State v. John T. Bragg

Supreme Court of New Jersey · May 6, 2025

Ct. 2013) (noting that whether an “apartment qualified as a temporary lodging, and hence a dwelling,” presented “a valid question for the jury” and not the trial court). … Nothing in the record before us establishes that defense counsel induced or encouraged the erroneous instruction.

Toussaint v. Mays-Stovall

District Court, D. New Jersey · Apr 26, 2022

Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. … If Plaintiff files an amended pleading, he must clearly explain the alleged wrongful conduct and the legal basis for any claims.

Wurtzel v. Werres

201 N.J. Super. 544 · New Jersey Superior Court Appellate Division · May 31, 1985

(Medvin), the partner in the firm of Medvin & Elberg, who was "solely responsible for handling this litigation from its inception," he, among other things, searched out and retained highly qualified medical experts, surgeons … However, the outer limits established for contingent fees are not absolute.

PEARSON v. SWEENEY

District Court, D. New Jersey · Jul 27, 2020

§ 1915(a), which establishes his financial eligibility to proceed IFP and will be granted. … Plaintiff does not clearly present the chronological events that led to his assault by another inmate nor does he describe the assault or when it occurred.

New Jersey Society for the Prevention of Cruelty to Animals v. New Jersey Department of Agriculture

196 N.J. 366 · Supreme Court of New Jersey · Jul 30, 2008

Brunner, Alabama Agriculture Experiment Station, Effect of Calf Housing on Plasma Ascorbate and Endocrine and Immune Function, 74 J. … Dairy Sci. 1582 (1991) (concluding that confined calves experience stress that weakens immune systems).

Medical Society v. Bakke

383 N.J. Super. 498 · New Jersey Superior Court Appellate Division · Mar 6, 2006

Respondents argue that the Medical Society does not have a sufficiently direct and immediate financial interest in the approval of the acquisition to qualify as a “person aggrieved.” … the agency follow the law; (2) whether the record contains substantial evidence to support the findings on which the agency bases its action; and (3) whether, in applying the legislative policies to the facts, the agency clearly

In Re Estate of Kovalyshyn

136 N.J. Super. 40 · New Jersey Superior Court Appellate Division · Jun 26, 1975

Further, the settlor manifested his intention clearly, specifically and unequivocally. … This mutual fund declaration of trust manifests clearly the settlor's intention to create and maintain a trust.

Arevalo v. Saginaw MacHine Systems

344 N.J. Super. 490 · New Jersey Superior Court Appellate Division · Oct 26, 2001

We reverse because the product line exception established in Ramirez v. … Ramirez, however, may not be read, as did the trial court, to suggest that an existing manufacturer is immune from liability after its sale of the alleged offending product line simply because a plaintiff's injury did not

Red Bk. Reg. Ed. Assn. v. RED BK. REG. HIGH SCH. BD.

78 N.J. 122 · Supreme Court of New Jersey · Aug 3, 1978

To be given effect, any such waiver must be clearly and unmistakably established, and contractual language alleged to constitute a waiver will not be read expansively. United Steelworkers v. … Employee rights with respect to the presentation of grievances to their employer clearly qualify as terms and conditions of their employment.

Bank of New York v. Raftogianis

418 N.J. Super. 323 · New Jersey Superior Court Appellate Division · Jun 29, 2010

The debt in question was clearly payable to American Home Acceptance. … That is clearly contemplated by the Rules of Court.

In re the Allegations of Violations of Law & Rule by Inter County Refuse Service, Inc.

222 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Jan 21, 1988

Woodbury Terrace Sewerage Corp., 54 N.J. 418, 424 (1969), its regulations must nonetheless fall within the parameters established by the legislature. … Clearly, their conduct which formed the basis for the criminal convictions also constituted a violation of N.J.A.C. 14:3-10.12.

Alejandra Padilla v. Young Il An

Supreme Court of New Jersey · Jun 13, 2024

Subsequent cases continued to rely on, qualify, or distinguish Stewart, Abraham, and Gray, somewhat confounding our commercial sidewalk liability law. To illustrate, in Nielsen v. … Applying the factors courts have used for decades to determine whether a commercial property has the capacity to generate income, defendants’ property clearly has no such capacity and no means to defray the costs of possible

O'NEILL v. State Highway Dept.

77 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Nov 26, 1962

The trial court granted a motion to dismiss the first count on the ground of sovereign immunity. *264 The second count alleges that plaintiff is entitled to possession of the land described in the complaint; that defendants … The language of the comment clearly points to an awareness of those particular cases in mandamus and quo warranto where a jury trial was constitutionally guaranteed.

Christian Mission John 316 v. Passaic City (083487) (Tax Court & Statewide)

Supreme Court of New Jersey · Jul 15, 2020

The issuance of a certificate of occupancy, temporary or final, does not establish a bright line that must be crossed before a tax exemption may be granted. … Hackensack City] is clearly distinguishable . . . because the exemption there was located across the street from the hospital which was entitled to an exemption and was being built on land that was not exempt when construction

State v. Township of South Hackensack

111 N.J. Super. 534 · New Jersey Superior Court Appellate Division · Oct 1, 1970

We hold the facts in that case to be clearly distinguishable from those here. … This qualified as an acceptance for public use, and was no less so because the actual use of the area taken was currently restricted to freight cars serving only a portion of the public. See Weehawken Tp. v.

State v. Bartell

15 N.J. Super. 450 · New Jersey Superior Court Appellate Division · Oct 3, 1951

Watson to be registered on the registry list of an election district, knowing that such persons or one of them was not qualified and entitled to vote therein. … The rule is stated in Jones Ev., § 821, thus: `Although the court may exercise a reasonable discretion in regulating or limiting *455 the cross-examination, yet it is clearly error to exclude cross-examination on subjects

Rutherford Construction Co. v. Borough of Rutherford

6 N.J. Tax 605 · New Jersey Tax Court · Sep 27, 1984

Bigelow, a fuel and gas consultant, duly qualified to testify as to causation of fire and related damage. Additionally, taxpayer produced two eyewitnesses to the fire. … Clearly, there was no testimony that a fire was observed prior to midnight.

Oliver v. Phelps

20 N.J.L. 180 · Supreme Court of New Jersey · Sep 15, 1843

sentence, in relation to one point in a cause, taken by itself, and as if it constituted the whole charge, may be easily shown to be erroneous; but when read in connection with the rest of the charge, and explained and qualified … But the exception should be strictly confined to that misstatement, and by being made known at the moment, would often enable the court to correct an erroneous expression, or to explain or qualify it, in such a maimer as

State v. Coruzzi

189 N.J. Super. 273 · New Jersey Superior Court Appellate Division · Mar 24, 1983

After hearing the tape Caggiano agreed to cooperate upon receiving an agreement of complete immunity from possible criminal charges. … N.J.S.A. 2C:43-6 a(2) establishes that a term of imprisonment between five and ten years shall be imposed for a second degree crime. N.J.S.A. 2C:44-1(f) establishes a presumptive sentence of seven years.

GEORGE E. PEARSON v. BOROUGH OF KEANSBURG (L-4135-18, MONMOUTH COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Oct 24, 2022

The Borough asserted immunity under N.J.S.A. 59:2-2(b) because Wood was immune under N.J.S.A. 59:3-2(a) for exercising the judgment and discretion vested in him in performing an investigation of an unknown male on the … As such, the judge concluded the TCA's discretionary immunity exception to liability applied.