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   State Courts - New Jersey - July 18, 2006

  
Carreon v. Hospitality Linen Services of New Jersey, DOCKET NO. A-1818-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2006, Decided
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Overview: As carrier had received request to cancel workers' compensation policy from insured's premium finance company, acting as the insured's attorney-in-fact under premium finance agreement, carrier was not required to send insured notice of cancellation provided for in N.J. Stat. Ann. § 34:15-81(a), since finance company "stepped into shoes" of insured.

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Crusader Servicing Corp. v. Port Authority of New York and New Jersey, DOCKET NO. A-0948-004T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2006, Decided
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Overview: To avoid tax liability for the following year, Port Authority of New York and New Jersey was not obliged to provide assessor with written notice of its acquisition of city real estate under N.J. Stat. Ann. § 54:4-3.3b, which was inapplicable since Authority was bistate agency; it was exempt from such tax under N.J. Stat. Ann. § 32:1-131.

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In re J.B., DOCKET NO. A-4944-04T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2006, Decided
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Overview: Under N.J. Stat. Ann. §§ 2C:52-27(c) and 11A:4-10, appellant's name was improperly kept off the list of eligibles for police officer for failing to present "evidence of rehabilitation" because his arrest record had been expunged and the New Jersey Merit System Board had not considered the impact of the expungement.

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In re Pocaro, D-33 September Term 2001, SUPREME COURT OF NEW JERSEY, July 18, 2006, Filed
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Marko v. Zurich North American Ins. Co., DOCKET NO. A-6151-04T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2006, Decided
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Overview: Under N.J. Ct. R. 4:42-11(a), post-judgment interest had to be awarded to plaintiff, a judgment creditor, because there no extraordinary and equitable reasons to justify not doing so. Though arguments in her appeal lacked sufficient merit to warrant extensive discussion, the appeal had not been frivolous.

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New Jersey Div. of Youth & Family Services v. S.S., A-48 September Term 2005, SUPREME COURT OF NEW JERSEY, July 18, 2006, Decided
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Overview: Because a sibling relationship was not in jeopardy in a case brought by a minor's legal guardian seeking to establish a right to sibling visitation, the court vacated the grant of certification as improvidently entered and referred the issues raised to the legislature concerning the scope of sibling rights in the context of various statutes.

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New Jersey Transit Bus Operations, Inc. v. Amalgamated Transit Union, A-82 September Term 2005, SUPREME COURT OF NEW JERSEY, July 18, 2006, Decided
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Overview: An appellate court substituted its judgment for that of an arbitrator when it reversed two arbitration awards involving two grievances and a collective bargaining agreement. The arbitrator's interpretation of the contractual language satisfied the reasonably debatable standard, and, therefore, the awards required reinstatement in favor of a union.

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Sagi v. Sagi, DOCKET NO. A-5625-04T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 18, 2006, Decided
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Overview: A Family Court judge lacked inherent equitable authority to restrain a mortgagee from receiving a settlement of a mortgage loan on a marital home following foreclosure until the mortgagee satisfied arrears and continued payments of a husband's support obligation entered under a judgment for separate maintenance in a divorce action.

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