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| Kimm v. Blisset, LLC, DOCKET NO. A-0965-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 28, 2006, Decided
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Overview: A dispute submitted to binding arbitration was governed, in the absence of an express agreement to the contrary, by the terms of N.J. Stat. Ann. § 2A:23B-3 et seq., which granted limited authority to the arbitrator to modify or correct an award. An arbitrator's supplemental award was nullified on appeal as outside the scope of his authority.
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| Englert v. The Home Depot, DOCKET NO. A-7058-03T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, August 30, 2006, Decided
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Overview: A trial court judgment requiring a subcontractor to indemnify a general contractor for a construction site accident settlement was reversed because the indemnification provision in the contract and a rider conflicted, which did not demonstrate the required clear and unequivocal intention for the general contractor to be completely indemnified.
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| Township of Holmdel v. New Jersey Highway Authority, DOCKET NO. A-0483-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 5, 2006, Decided
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Overview: New Jersey Highway Authority lost its statutory tax exemption on an art center which it leased to a private entity because the use to which the property was put was foreign to the use prescribed by the statute and the primary or exclusive motive for adopting that use was to generate revenue.
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| In re Byrne, D-169 September Term 2005,
SUPREME COURT OF NEW JERSEY, September 7, 2006, Filed
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| In re Carlin, D-163 September Term 2005,
SUPREME COURT OF NEW JERSEY, September 8, 2006, Filed
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| In re P.B. for Adoption of L.C., Docket No. FA-06-45-06A,
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, FAMILY PART, CUMBERLAND COUNTY, September 8, 2006, Decided
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Overview: A married couple's petition for the adult adoption of a 52 year old female was denied since the minimum age difference of 10 years between the adopter and adoptee under N.J.S.A. § 2A:22-2 was not met since the adoptee was one year older than one of the prospective adoptive parents and no semblance of a parent-child relationship existed.
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| Saddle Brook Realty, LLC v. Township of Saddle Brook Zoning Bd. of Adjustment, DOCKET NO. A-0498-05T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 11, 2006, Decided
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Overview: Under N.J.S.A. § 40:55D-70, board of adjustment erred in granting use variance allowing applicant to operate fast food restaurant, as applicant failed to show "special reason" for variance or that variance could be granted without substantially impairing intent of township's zoning ordinance that prohibited fast food restaurants in all districts.
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| State, Div. of Youth and Family Services v. R.L., DOCKET NO. A-4978-04T4, A-5555-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 12, 2006, Decided
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Overview: A trial court erred in terminating a natural father's parental rights to his abused son, as the necessary prongs of N.J.S.A. § 30:4C-15.1(a)(1), (2), and (4) were not established. The father could not be held responsible for failure to acknowledge the abusive acts of the mother to the child.
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| Geringer v. Hartz Mountain Development Corp., DOCKET NO. A-1864-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 13, 2006, Argued , September 13, 2006, Decided
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Overview: In a personal injury suit wherein a triple net commercial lease existed in which the landlord exercised its contractual prerogative to review and approve the tenant's design and construction of an entire floor leased within a building, a coextensive duty of reasonable care existed, making summary judgment in favor of the landlord improper.
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