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   State Courts - New Jersey - March 20 - March 23, 2006

  
Gazis v. Miller, A-32 September Term 2005, SUPREME COURT OF NEW JERSEY, March 20, 2006, Decided
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Overview: Excess insurer could not deny coverage, absent a showing of an appreciable prejudice or breach of its notice provision, based on an insured's failure to comply with the policy's 120-day notice provision. Further, such kept intact the strong public policy in favor of protecting innocent victims of automobile accidents.

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In re Pilgrim, D-108 September Term 2005, SUPREME COURT OF NEW JERSEY, March 20, 2006, Decided , March 20, 2006, Filed
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State in Interest of M.C., DOCKET NO. A-7024-03T5, A-7026-03T5, A-7027-03T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 20, 2006, Decided
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Overview: Juvenile court did not err in imposing suspended sentences; while New Jersey Code of Juvenile Justice, N.J. Stat. Ann. §§ 2A:4A-20 to -91, was silent on the issue, its provisions were sufficiently flexible to permit New Jersey courts to impose suspended sentences as a viable disposition, given Code's fundamental rehabilitative and penal objectives.

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In re Lynch, D-54 September Term 2005, SUPREME COURT OF NEW JERSEY, March 21, 2006, Filed
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Vagias v. Woodmont Properties, L.L.C., DOCKET NO. A-5029-04T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 22, 2006, Decided
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Overview: A realtor's misrepresentation about the location of a house constituted a violation of the Consumer Fraud Act, N.J. Stat. Ann. § 56:8-2, since the location of the property was critical to the buyers' decision, they were precluded from sending their son to a school they had chosen, and the realtor was aware of the importance of the location issue.

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Libertarian Party of Cent. New Jersey v. Murphy, DOCKET NO. A-2890-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 23, 2006, Decided
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Overview: Township's imposition of a facially inordinate fee ($ 55) for copying onto a computer diskette information it stored electronically placed an unreasonable burden on the right of access guaranteed by New Jersey Open Public Records Act, and violated principle set by N.J. Stat. Ann. § 47:1A-5(b) that the fee should reflect actual cost of duplication.

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O'Donnell v. Singleton, DOCKET NO. A-5288-04T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, March 23, 2006, Decided
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Overview: Appellate court affirmed the trial court's order requiring a mother to share the driving responsibilities necessary to effectuate the father's parenting time, which entailed her traveling 80 miles, round-trip, twice every other week, because the order was not an abuse of discretion but was a reasonable resolution of the problem.

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