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| Atlantic States Group v. Skovron, DOCKET NO. A-3392-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 24, 2006, Decided
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Overview: In an auto insurer's declaration suit against a car owner and an unlicensed driver, who drove the insured vehicle and caused damage to a building, since the initial permittees of the vehicle never gave express or implied permission to the unlicensed driver to use the car, the auto insurer was not liable to the building's property insurer.
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| Capital Finance Co. of Delaware Valley, Inc. v. Asterbadi, DOCKET NO. CPM-C-100-05,
SUPERIOR COURT OF NEW JERSEY, CHANCERY DIVISION, CAPE MAY COUNTY, February 24, 2006, Decided
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Overview: Plaintiff purchased at a sheriff's sale the half-interest in a home held by its owner's husband. Though home was a vacation site rather than a family home, as other remedies were available to plaintiff, it was not partitioned; the owner had to account to plaintiff for home's rental value, and it had to credit her the costs of maintaining the home.
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| State v. Webster, DOCKET NO. A-5686-03T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 24, 2006, Decided
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Overview: As defendant was convicted of a crime listed in the New Jersey No Early Release Act (NERA), N.J. Stat. Ann. § 2C:43-7.2, under plain language of NERA and N.J. Stat. Ann. § 30:4-123.51(a), he had to serve 85 percent of his sentence before being eligible for parole, and his commutation and work credits could not be applied to reduce that time period.
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| Randolph Town Ctr., L.P. v. County of Morris, A-3 September Term 2005,
SUPREME COURT OF NEW JERSEY, February 27, 2006, Decided
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Overview: Although a county could acquire a prescriptive easement over private property without providing just compensation, the inverse condemnation issue was vacated as premature because it could be rendered moot by a new trial.
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| Ross v. Rupert, DOCKET NO. A-1691-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, February 27, 2006, Decided
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Overview: Trial court did not err in denying plaintiff's motion for relief pursuant to N.J. Ct. R. 4:50-1 because change in law was not such an extraordinary circumstance as to justify relief from a final judgment where time to appeal had expired. Thus, cases dismissed beyond time for reconsideration or appeal when DiProspero was filed could not be reopened.
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| Ryan v. American Honda Motor Co., Inc., A-16 September Term 2005,
SUPREME COURT OF NEW JERSEY, February 27, 2006, Decided
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Overview: A vehicle lessee was permitted to invoke the provisions of a manufacturer's warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, as the lessee fit the third definition of a consumer set forth under 15 U.S.C.S. § 2301(3) being any other person entitled by the terms of the warranty to enforce the same.
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