Case law

United New Jersey Railway & Canal Co. v. State Board of Assessors

75 N.J.L. 35 · Supreme Court of New Jersey · Aug 9, 1907

And this act contains the following clause as to taxation: “The consolidated corporation thus authorized to be formed shall be vested with and hold all the rights, titles, powers, franchises, privileges, properties, immunities … By this acceptance the contract for transit duties, in lieu of taxation, was by the first section of that act clearly abrogated by mutual agreement.

Trenton & Mercer County Traction Corp. v. Inhabitants of Trenton

227 F. 502 · District Court, D. New Jersey · Oct 14, 1915

The reason for granting it, as well as the context, leads us to the conclusion that it is not limited or qualified by the opening paragraph of section 17, before quoted. … It may be that that body will adhere to the old rate or will establish one that will not be open to the charge of violating the contracts alleged. * * * On the question of contract, as on that of confiscation, it is reasonable

John Doe v. the Estate of C.V.O., Jr.

New Jersey Superior Court Appellate Division · Oct 12, 2023

Our Supreme Court in W.S. concluded the landmark CVA amendments, as applied to the CSAA, Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, and the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, eliminated the procedural … To establish a negligent infliction of emotional distress claim, "the plaintiff must demonstrate 'severe emotional distress' or 'genuine and substantial emotional distress.'" Innes v. Marzano- Lesnevich, 435 N.J.

Estate of Michael R. Monihan and Holly P. Monihan v. Director, Division of Taxation

New Jersey Tax Court · Jan 16, 2026

Rather than it being one among several factors to be considered in establishing the relationship, the ICA is “dispositive” and a “court must enforce its terms.” Kennedy, 257 N.J. at 311-12. … Relevant to Taxpayer’s claim, the enumerated sources of taxable income within N.J.S.A. 54A:5-1 may not qualify for deductions of business expenses if the earning party is an employee.

Brown v. State

62 N.J.L. 666 · Supreme Court of New Jersey · May 6, 1899

By our statute the judge is required to select the names of such persons qualified as jurors “as he shall think most impartial and indifferent between the parties, and best qualified as to talents, knowledge, integrity, firmness … The trial judge instructed the jury that the killing being established the presumption was that it was murder of the second degree, and that “ if the defendant desired to reduce it to a lower degree of homicide he must establish

Borden v. Lafferty

233 N.J. Super. 634 · New Jersey Superior Court Appellate Division · Apr 12, 1989

It is these requirements which the Laffertys so clearly satisfy. Well in advance of May 9, 1988, they decided to live in Bordentown and agreed to purchase their permanent home there. … special or temporary purpose" — it was their permanent home, their "ordinary and permanent domicile." *642 CONCLUSION The Laffertys became "residents" of the City of Bordentown prior to May 9, 1988, and Sally Lafferty is qualified

William v. BAC Home Loans Servicing, LP

477 B.R. 533 · District Court, D. New Jersey · Jun 21, 2012

Appellants’ service on BOA of the Chapter 13 confirmation plan and notice of the hearing intending to cram or strip down BOA’s secured lien was clearly deficient. … There is no dispute that BOA qualifies as a insured depository institution. See In re McCumber, 2012 WL 893061 , at *1 (Bkrtcy.D.Alaska March 7, 2012) ("Bank of America is an insured depository institution.”). .

CLAYTON v. CITY OF NEWARK

District Court, D. New Jersey · Dec 22, 2021

Plaintiff pleads two distinct sets of facts to support the custom claim: First, the complaint lists specific incidents of use of excessive force by the NPD; 7 As to qualified immunity, the analysis has been parallel … Dec. 16, 2021) (discussing appropriate level of specificity for purposes of qualified immunity and following cases that deemed it an unreasonable use of deadly force to shoot at a fleeing vehicle) (citing, e.g., Waterman

PELLECCHIA v. COUNTY OF BURLINGTON

District Court, D. New Jersey · Dec 13, 2022

A plaintiff must allege facts that “establish each individual [d]efendant’s liability for the misconduct alleged.” Id. … Further, Plaintiff could easily believe, without clearly stating, that Defendants other than the named Defendant(s), are liable for the conduct in a particular paragraph.

Barcon Assocs., Inc. v. Tri-County Asphalt Corp.

160 N.J. Super. 559 · New Jersey Superior Court Appellate Division · Jun 26, 1978

In reaching this result the court pointed to contractual language giving each party the broad right (not qualified by any language of limitation) to appoint one arbitrator and to statutory language providing that "If, in … However, the testimony in this case clearly establishes that Babus was a middle-level operational manager (not a general business executive) who, prior to the rendering of the award, did not even know that Tri-County and

Falk v. Janes

49 N.J. Eq. 484 · New Jersey Court of Chancery · Feb 15, 1892

Sire with the body of the assignment relied on, clearly shows that both papers were ’written by the same hand. … Ho testimony was given before me to establish this contention but, after the death of Mr.

Schulmann Realty Group v. Hazlet Township Rent Control Board

290 N.J. Super. 176 · New Jersey Superior Court Appellate Division · Apr 23, 1996

Purchase costs for new equipment not qualifying as a major capital improvement under this section shall be prorated over the useful life of the item. … It is well established that “administrative tribunals possess the inherent power of reconsideration of their judicial acts, except as qualified by statute.” Handlon v.

Korostynski v. GAMING ENFORCEMENT

266 N.J. Super. 549 · New Jersey Superior Court Appellate Division · Jul 29, 1993

Thereafter, the Court concluded that: While we are mindful of the need to maintain the confidential nature of the peer review system, we believe that adoption of the qualified academic freedom privilege would interfere significantly … Clearly, such concerns are relevant to the Division regarding its performance of internal investigations.

KDLi9 LLC v. THE CITY OF JERSEY CITY ZONING BOARD OF ADJUSTMENT

New Jersey Superior Court Appellate Division · Oct 8, 2025

The Board also found plaintiff's proposed use did not qualify as an inherently beneficial use. It stated: 57. … Plaintiff failed to establish the Board's determinations regarding the positive criteria were unreasonable.

Reid v. Finch

425 N.J. Super. 196 · New Jersey Superior Court Appellate Division · Dec 6, 2011

Testimony at trial established that Courtney continues to feel pain as a result of injuries sustained in the accident, and that these injuries affect his life on a daily basis. … An award of defendants’ requested costs will clearly constitute an undue hardship.

Association of New Jersey State College Faculties, Inc. v. Dungan

64 N.J. 338 · Supreme Court of New Jersey · Mar 5, 1974

Prior formal notice and opportunity for submission of statements and arguments would clearly have been the preferable course; but in the light of the foregoing assertions of belief by the Board we are not prepared to say, … The overall purpose, as evidenced throughout the entire resolution, is to avoid the granting of tenure to those not sufficiently qualified and to avoid the granting of tenure in such high proportion as to defeat the needed

New Jersey Coalition of Health Care Professionals, Inc. v. New Jersey Department of Banking & Insurance

323 N.J. Super. 207 · New Jersey Superior Court Appellate Division · Jun 14, 1999

In the past, when the Legislature intended to authorize an award of attorney’s fees it has expressly and clearly done so. … (c) The Commissioner shall request competitive proposals from among qualified dispute resolution organizations interested in serving as administrator.

MCLAUGHLIN

District Court, D. New Jersey · Dec 15, 2025

“[T]he thirty-day time period for removal does not begin to run until the grounds for removal are clearly established.” Von Dell v. Boeing Co., No. 11-786, 2011 WL 5974579, at *1 (D. Del. … Removal was therefore proper within thirty days of that date, when “the grounds for removal” became “clearly established], and Wells Fargo timely filed its Notice of Removal thirty days later.

Funtown Pier Amusements, Inc. v. Biscayne Ice Cream and Asundries, Inc.

New Jersey Superior Court Appellate Division · Jan 9, 2024

Foreseeability "does not in itself establish the existence of a duty." Id. at 342 (quoting Jerkins, 191 N.J. at 295). … Section 5.02, titled "Service Entrance," clearly defines the equipment for which the customer is responsible: "[w]ith the exception of metering equipment and related facilities furnished by the Company, all of the facilities

American Fire & Casualty Co. v. New Jersey Division of Taxation

189 N.J. 65 · Supreme Court of New Jersey · Oct 19, 2006

Moreover, “because tax liability is established by way of revenue legislation, all the rules of statutory construction are relevant.” Stryker Corp. v. … Equality or even-handed treatment is clearly the legislative purpose.” Ibid.