Case law

Marioni v. 94 Broadway, Inc.

374 N.J. Super. 588 · New Jersey Superior Court Appellate Division · Feb 8, 2005

Lindner contends that he does so qualify because he recorded his notice of settlement prior in time to plaintiff's similar recording two days later. … Instead, the record clearly demonstrates that it was Roxy that concluded it was on sufficiently solid ground, vis-a-vis its relationship with plaintiff, that it could rightfully sell the property to someone else.

Lehmann v. Kanane

84 N.J. Super. 117 · New Jersey Superior Court Appellate Division · May 22, 1964

This is a suit brought by plaintiff to establish his right to the position of deputy surrogate of Union County. … Furthermore, statutes enacted to establish tenure must be strictly construed, Brintle v. Board, of Education of City of Long Beach, 43 Cal. App. 2d 84 , 110 P. 2d 440 (D. Ct.

State v. Pennington

154 N.J. 344 · Supreme Court of New Jersey · Jul 14, 1998

In concluding that the maximum sentences shocked the judicial conscience, the majority reasoned that the “kidnapping convictions were established by minimal facts necessary to establish the element of restraint,” and that … We conclude that both the Code and our decisional law establish a public policy that prohibits such use of rejected plea offers.

Finley v. NCR Corp.

964 F. Supp. 882 · District Court, D. New Jersey · Jan 22, 1996

Product Liability Claim Defendant NCR asks this court to grant summary judgment in its favor on two grounds: first, the cause of Olga Finley’s injuries has not been clearly established by medical evidence; and second, NCR … Those factors are: *884 ... if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified by knowledge, skill, experience

State v. Marquez

202 N.J. 485 · Supreme Court of New Jersey · Jul 12, 2010

The majority, by requiring that police officers “must convey information in a language the person speaks or understands,” ante at 507, 998 A.2d at 434, makes non-English speakers immune to prosecution for violating the refusal … I prefer to focus on what those cases did say, and said clearly.

Estate of DeMartino v. DIV. OF MEDICAL ASSISTANCE AND HEALTH SERVICES

373 N.J. Super. 210 · New Jersey Superior Court Appellate Division · Nov 10, 2004

death. [2] In our view, a testamentary trust of the sort employed here qualifies as an "arrangement" for the conveyance of the assets of a Medicaid beneficiary within the meaning and intent of 42 U.S.C.A. § 1396p (b)(4)( … Because Michael had a right under N.J.S.A. 3B:8-1 to an elective share of Anne's estate, and because the trust was funded with an amount equal to Michael's elective share, he clearly had an interest in the trust assets when

STATE OF NEW JERSEY VS. JEROME SHAW, JR. (13-04-0591, BERGEN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 23, 2018

The Attorney General has not established any standard limiting resubmission. … at 55, and holding that the prosecutor is obliged to present clearly exculpatory evidence to a grand jury).

Bullet Hole, Inc. v. Dunbar

335 N.J. Super. 562 · New Jersey Superior Court Appellate Division · Dec 20, 2000

("NICS") A key provision bearing on this appeal reads: (b) Establishment of system. … V In addition to their separation-of-powers challenge to the Governor's designation and the State Police's procedures, appellants contend in the alternative that two of the State Police's Operational Procedures qualified

Radiological Society of NJ v. Sheeran

175 N.J. Super. 367 · New Jersey Superior Court Appellate Division · Jul 17, 1980

I Blue Cross is a nonprofit hospital service corporation organized for the purpose of establishing, maintaining and operating a hospital service plan. N.J.S.A. 17:48-1. … The Fourteenth Amendment immunizes people from actions by the State which affirmatively and significantly impinge on "fundamental rights, so thought to be inherent in their nature rather than created by any constitution or

Fowler v. Crystal Motors, Inc.

340 N.J. Super. 33 · New Jersey Superior Court Appellate Division · Jun 11, 2001

Nordstrom's diagnosis was not clearly based upon any independent review of the x-ray films. *734 According to defendant and the motion judge, plaintiff's evidence was insufficient to establish by objective medical evidence … The serious impact test in Oswin describes the type of disability that must be suffered by a plaintiff to qualify under the statute.

Barone v. Gardner Asphalt Corp.

955 F. Supp. 337 · District Court, D. New Jersey · Feb 21, 1997

Barone clearly can establish the first two elements of his prima facie case of age discrimination: that he is a member of a protected class (older than 40) and that Gardner Asphalt discharged him. However, Mr. … Barone as an at-will employee is also clearly expressed in its Personnel Policy Manual.

Little Falls Tp. v. Bardin

173 N.J. Super. 397 · New Jersey Superior Court Appellate Division · Sep 27, 1979

certificate of public convenience are set forth in N.J.S.A. 48:13A-6: *409 No person shall engage, or be permitted to engage, in the business of solid waste collection or solid waste disposal until found by the board to be qualified … [Emphasis supplied] This case is clearly distinguishable from Garden State Farms, above. Here, the statutory language is couched in mandatory phraseology.

In Re Honeywell Information Systems, Inc.

145 N.J. Super. 187 · New Jersey Superior Court Appellate Division · Oct 13, 1976

Sullivan, 47 N.J. 539 (1966), the Supreme Court considered the State purchasing statute and clearly highlighted the legislative policy inherent in N.J.S.A. 52:34-12(d) to grant to the Director of the Division of Purchase … Nothing in the specifications is pointed to as a tailoring technique whereby IBM alone could qualify as a bidder.

PRITCHETT v. GLOBAL TELL LINK CORP

District Court, D. New Jersey · May 6, 2021

Title 28, section 1915 of the United States Code establishes certain financial requirements for prisoners who are attempting to bring a civil action in forma pauperis. … 40A of the New Jersey Statutes; provided, however, the State Treasurer or appropriate person on behalf of the county or private correctional facility shall contract with the qualified

State v. Kuchera

198 N.J. 482 · Supreme Court of New Jersey · Mar 17, 2009

Taffaro, 195 N.J. 442, 454 , 950 A.2d 860 (2008) (explaining that, in order for plain error to qualify as reversible, it must be “ ‘sufficient to raise a reasonable doubt as to whether the error led the jury to a result it … Those principles, when applied to this case, clearly command that defendant’s convictions and sentence must be affirmed.

ELVIRA LEVITINA VS. NEW JERSEY TRANSIT CORP. (L-3781-18, MIDDLESEX COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Jul 14, 2021

Because public entities are presumptively immune from tort liability unless a statutory exception expressly provides otherwise, N.J.S.A. 59:2-1(a); Manna v. … We disagree with the trial court that expert testimony was necessary to establish that the pothole qualified as a dangerous condition.

Gonzalez-Posse v. Ricciardulli

410 N.J. Super. 340 · New Jersey Superior Court Appellate Division · Nov 9, 2009

At around this same time, defendant was entering the seventh year of his H-1B visa, having qualified for an extension on January 31, 2005 when DirecTV filed a Labor Certification on his behalf. … Once changed circumstances have been established, as here, Lepis, supra, 83 N.J. at 151 , 416 A. 2d 45 ; Martindell v.

Teschner v. Commissioner of Social Security

382 F. Supp. 2d 662 · District Court, D. New Jersey · Aug 17, 2005

As the judgment here was rendered by the Superior Court, it clearly satisfies the requirement of Section 5-1048. … To the contrary, the results establish the validity of the order.

State v. Brooks

309 N.J. Super. 43 · New Jersey Superior Court Appellate Division · Feb 24, 1998

And then there was testimony during the trial itself, particularly from someone who is qualified as an expert, Mr. … The case is clearly distinguishable.

Department of Community Affairs, Bureau of Housing Inspection v. Frank Bright

New Jersey Superior Court Appellate Division · Aug 6, 2025

DCA is further authorized to establish, through regulations, a schedule for required inspections. … The privilege "is not a blanket immunity" that allows an individual to refuse to answer all questions posed to them. Id. at 499-500.