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