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| 30 River Court East Urban Renewal Co. v. Capograsso, DOCKET NO. A-5139-03T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 3, 2006, Decided
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Overview: Statements made by a tenant to the concierge of her apartment building, complaining of a landlord's alleged wrongful conduct, were not actionable as defamation since the comments were invited communications that the landlord was obligated by law to invite from its tenants; therefore, a judgment in favor of the landlord was reversed on appeal.
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| Estate of Franko v. Director, Div. of Taxation, DOCKET NO. 004613-2005,
TAX COURT OF NEW JERSEY, March 3, 2006, Decided
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Overview: As trustees of testamentary trust had total discretion as to whether to distribute income or principal to the beneficiary, he had a contingent interest and not a life estate. As trustees made no distributions to the beneficiary, under N.J. Stat. Ann. § 54:36-3, taxable value of residuary estate was not subject to reduction relating to the trust.
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| Smith v. Moustiatse, DOCKET NO.: HUD-L-6582-02,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, HUDSON COUNTY, March 3, 2006, Decided
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Overview: As a tortfeasor was responsible for any excess verdict above the New Jersey Guaranty Association's limit of $ 300,000, there was no reason why a physician, who controlled the timing and authorization for settlement negotiations and refused to settle a malpractice case, should not be responsible for prejudgment interest.
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| Suburban Disposal, Inc. v. Township of Fairfield, DOCKET NO. A-4977-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 3, 2006, Decided
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Overview: In a dispute over a contract for trash collection, the award of the contract to the successful bidder with "Alternate E" service included was in violation of the Local Public Contracts Law, N.J. Stat. Ann. § 40A:11-1 et seq. The successful bidder did not bid on "Alternate E," but was permitted to change its "No Bid" after the bids were opened.
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| Highland Lakes Country Club & Community Ass'n v. Franzino, A-101 September Term 2004,
SUPREME COURT OF NEW JERSEY, March 6, 2006, Decided
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Overview: On acquisition of a new home, a purchaser of property governed by unambiguous homeowners' association bylaws was obliged under the bylaws to pay money that should have been paid in the past by the prior owner for unpaid association fees, dues, and assessments.
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| Medical Soc. of New Jersey v. Bakke, DOCKET NO. A-0439-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 6, 2006, Decided
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Overview: The Medical Society of New Jersey had standing under N.J. Stat. Ann. § 17:27A-12(a) to challenge the Commissioner of Banking and Insurance's approval of an acquisition of a health care insurance provider by another health care insurance provider but was only entitled to appellate review of the Commissioner's findings of fact and conclusions of law.
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| State v. Luthe, DOCKET NO. A-3695-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 6, 2006, Decided
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Overview: Under the 2004 amendment to N.J. Stat. Ann. § 39:4-50(a)(3), there was no statutory authority for work release programs, out-patient treatment, or the like as an alternative for a driving while intoxicated (DWI) third-offender; therefore, defendant's challenge to the incarceration aspect of her third-offender DWI sentencing was unsuccessful.
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| Gifford v. Benjamin, DOCKET NO. A-6861-03T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 7, 2006, Decided
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Overview: Federal Supplemental Security Income benefits received by a child based on the child's disability were not deductible from the non-custodial parent's child support obligation since the benefit was means-tested, namely, based on the child's disability and the custodial parent's financial need.
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| New Jersey Lawyers' Fund for Client Protection v. Pace, A-106 September Term 2004,
SUPREME COURT OF NEW JERSEY, March 7, 2006, Decided
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Overview: Action by the New Jersey Lawyers' Fund for Client Protection against a bank for conversion of negotiable instruments was time-barred under the Uniform Commercial Code's three-year statute of limitations in N.J. Stat. Ann. § 12A:3-118(g) as the cause of action accrued when the instruments were negotiated and the discovery rule did not apply.
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