application of the equitable doctrine in New Jersey

2005In Bernstein[ v. Bd. of Trustees of Teachers' Pension and Annuity Fund , 151 N.J.Super. 71 , 376 A .2d 563 (1977)], supra, where the doctrine was invoked by the court in the pension context, its elements were set forth with specificity: A canvass of the cases dealing with the application of the equitable doctrine of substantial compliance indicate the following considerations: (1) the lack of *1048 prejudice to the defending party; (2) a series of steps taken to comply with the statute involved; (3) a general compliance with the purpose of the statute; (4) a reasonable notice of petitioner's c

2005In Bernstein[ v. Bd. of Trustees of Teachers' Pension and Annuity Fund , 151 N.J.Super. 71 , 376 A .2d 563 (1977)], supra, where the doctrine was invoked by the court in the pension context, its elements were set forth with specificity: A canvass of the cases dealing with the application of the equitable doctrine of substantial compliance indicate the following considerations: (1) the lack of *1048 prejudice to the defending party; (2) a series of steps taken to comply with the statute involved; (3) a general compliance with the purpose of the statute; (4) a reasonable notice of petitioner's c

2002Guglielmo v. Guglielmo, 253 N.J.Super. 531, 546 , 602 A.2d 741 (App.Div.1992).

2002Guglielmo v. Guglielmo, 253 N.J.Super. 531, 546 , 602 A.2d 741 (App.Div.1992).

2013In Toys “R” Us, Inc. v. Director, Div. of Taxation, 300 N.J.Super. 163 , 692 A.2d 111 (App.Div.1997), Taxation audited and assessed taxpayer with sales taxes on labels, which it paid and did not appeal.

2013In Toys “R” Us, Inc. v. Director, Div. of Taxation, 300 N.J.Super. 163 , 692 A.2d 111 (App.Div.1997), Taxation audited and assessed taxpayer with sales taxes on labels, which it paid and did not appeal.

1992In Kasin v. Kasin, 81 N.J. 85 , 405 A. 2d 360 (1979), the Supreme Court stated: The equitable principle of estoppel has been applied broadly and in a wide variety of matrimonial cases.

1992In Kasin v. Kasin, 81 N.J. 85 , 405 A. 2d 360 (1979), the Supreme Court stated: The equitable principle of estoppel has been applied broadly and in a wide variety of matrimonial cases.

1992The application of the equitable doctrine of estoppel has been left to the discretion of the trial courts Faustin v. Lewis, 85 N.J. 507 , 427 A. 2d 1105 (1981).

1992The application of the equitable doctrine of estoppel has been left to the discretion of the trial courts Faustin v. Lewis, 85 N.J. 507 , 427 A. 2d 1105 (1981).

1963The Chief Justice stated that: "This doctrine is so consistent with the equitable principles that have obtained here for centuries that we have no hesitancy in applying it, and we find no merit at all in the defendant's argument that the decision below works a corruption of blood or a forfeiture of estate. * * *" ( 11 N.J., at p. 61 ) The question before us in the instant case concerning the wife's personal property is not a novel one in other jurisdictions.

1952And in Martindell v. Fiduciary Counsel, Inc., 133 N.J.

1950He cannot merely upon the assertion of the unenforceability of the mortgage debt, and upon that ground alone, secure affirmative relief." And at page 1393, the following: "In the application of the general rule that the statute of limitations may not be asserted as a ground for affirmative relief, in conjunction with the equitable maxim that `he who seeks equity must do equity,' the majority of courts, in the absence of a statute declaring a different rule, hold that a court of equity will not, at the suit of a mortgagor or his successor in interest, cancel a real-estate mortgage or other secu