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   State Courts - New Jersey - June 14 - June 15, 2007

  
Harry's Lobster House Corp. v. Director, Div. of Taxation, DOCKET NO. A-5569-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 14, 2007, Decided
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Hogoboom v. Hogoboom, DOCKET NO. A-2794-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 14, 2007, Decided
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Overview: Where former husband and wife agreed to submit their post-judgment disputes to arbitration, appellate court refused to hear their appeal from arbitrator's award, despite agreement's language allowing this, as the parties could not by contract create appellate jurisdiction where it otherwise did not belong under R. 2:2-3.

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Jerkins v. Anderson, A-49 September Term 2006, SUPREME COURT OF NEW JERSEY, June 14, 2007, Decided
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Overview: Where nine-year-old student was dismissed from school early, walked home unescorted, and was hit by car, court erred in dismissing his negligence suit against school district, as its duty to student did not end after his dismissal from school, and district's efforts to ensure his safety might have been insufficient under circumstances.

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Presbyterian Home at Pennington, Inc. v. Pennington Borough, DOCKET NO. 002348-2002, DOCKET NOS. 004027-2003, 005159-2004, 007504-2005, TAX COURT OF NEW JERSEY, June 14, 2007, Decided
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Overview: An assisted living facility was not tax-exempt under N.J.S.A. § 54:4-3.6 for certain tax years because it was not operational yet, was not operated for hospital purposes, or was not operated for the charitable and hospital purposes set forth in its organizational documents since residency was available to only those with the ability to pay.

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Progressive Group v. Hurtado, DOCKET NO. A-4362-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 14, 2007, Decided
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Overview: Car owner's failure to provide an odometer reading, as required by N.J.A.C. 13:21-5.9(a), rendered her purported assignment of the certificate of title incomplete and thus did not legally serve to transfer title to the car. Therefore, an insurer's policy covering the car was not automatically terminated and coverage remained with the insurer.

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Shim v. Rutgers - State Univ. of New Jersey, A-32 September Term 2006, SUPREME COURT OF NEW JERSEY, June 14, 2007, Decided
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Overview: Student lived in New Jersey for four years before applying to university and was thus presumed under N.J.S.A. § 18A:62-4 to be a domiciliary eligible for in-state tuition. Her financial dependence on her out-of-state parents did not a create counter presumption of non-domiciliary status; university thus erred by failing to considering all factors.

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Alfano v. BDO Seidman, LLP, DOCKET NO. A-1581-06T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 15, 2007, Decided
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Overview: An order denying defendant's motion to compel arbitration in a fraud suit, pursuant to the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq., was reversed as plaintiff executed an agreement containing a broad arbitration clause with defendant's subsidiary, with which an agency relationship was established, even though defendant did not sign.

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In re Lead Paint Litig., A-73 September Term 2005, SUPREME COURT OF NEW JERSEY, June 15, 2007, Decided
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Overview: Municipalities failed to state a cognizable claim of the common-law tort of public nuisance against lead base paint manufacturers since seeking monetary damages, rather than just abatement, was outside the scope of remedies available to a public entity plaintiff and the claims fell under the Product Liability Act, N.J.S.A. §§ 2A:58C-1 through -7.

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Rosen v. Smith Barney, Inc., DOCKET NO. A-5252-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 15, 2007, Decided
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Overview: Forfeiture provision of employer's capital accumulation plan (CAP) did not violate N.J.S.A. § 34:11-4.4(b)(2) of N.J. Wage and Hour Law, as (1) all terms were fully disclosed before employee enrolled; (2) participation was optional and risk of forfeiture was fully disclosed; (3) employees willingly and knowledgeably placed compensation in CAP.

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Stransky v. Monmouth Council of Girl Scouts, Inc., DOCKET NO. A-4531-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, June 15, 2007, Decided
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Overview: As call priorities, such as general preference for natural monuments like oak tree, were subordinate to manifest intent of grantor, and that intent, as expressed by parties' respective deeds, was that boundaries were determined by a survey, trial court erred in using new survey based on location of vanished tree to establish easement's location.

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