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| Clark v. University Hospital-UMDNJ, DOCKET NO. A-0257-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 15, 2006, Decided
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Overview: In a medical malpractice suit, the trial court properly instructed the jury that two doctors, who were residents, were to be judged against a standard applicable to general practitioners as, so long as a doctors were licensed, no reduction in the standard of care existed for those in residencies regardless of the limited nature of their training.
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| Palmieri v. Palmieri, DOCKET NO. A-6500-04T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 15, 2006, Decided
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Overview: Pursuant to a clause in the parties's property settlement agreement, an ex-husband sought to terminate alimony based on his claim that his ex-wife was living with unrelated man, which she denied. The motion court erred in terminating alimony because it improperly resolved the factual dispute solely based on the parties' conflicting certifications.
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| E & M Liquors, Inc. v. Public Service Elec. & Gas Co., DOCKET NO. A-6586-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 16, 2006, Decided
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Overview: Insurers filed a subrogation action against a utility, seeking recovery of amounts they paid for fire losses allegedly caused by the utility's negligence in not cutting off power to a downed line. Case should not have been dismissed on summary judgment because utility company immunity for interruption of service did not extend to direct negligence.
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| Estate of Nicolas v. Ocean Plaza Condominium Ass'n, Inc., DOCKET NO. A-4945-04T3,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 16, 2006, Decided
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Overview: Court erred in dismissing son's suit alleging a violation of the New Jersey Law Against Discrimination, as N.J.S.A. §§ 10:5-4.1 and -12(g) provided cause of action for disability discrimination based on condominium association's alleged failure to provide his mother, disabled resident of condominium unit, a reasonable parking space accommodation.
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| S.T. Hudson Engineers, Inc. v. Pennsylvania Nat. Mut. Cas. Co., DOCKET NO. A-5629-04T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 16, 2006, Decided
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Overview: With regard to a declaratory judgment appeal, an appellate court upheld the determination that an insurer was obligated to defend the insured and, since the insureds were the successful claimants, they were entitled to counsel fees and costs incurred in prosecuting the initial litigation, pursuant to R. 4:42- 9(a)(6).
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| City of Trenton v. Ewing Twp., DOCKET NO. 007772-2006,
TAX COURT OF NEW JERSEY, November 17, 2006, n1 Decided1 This opinion was originally delivered to the parties in the form of a letter opinion dated November 17, 2006. The opinion was later approved for publication by the Tax Court Committee on Opinions on January 25, 2007. Minor editorial changes have been made to the original opinion.
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Overview: Because a township did not acquire certain real property until November 2005, it was not eligible for exemption for tax year 2006, pursuant to N.J.S.A. § 54:51A-3. Likewise, the township was not exempt from taxation under N.J.S.A. § 54:4-3.3b since it was not the State of New Jersey nor one of its agencies.
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| M.A. v. E.A., DOCKET NO. A-6736-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 17, 2006, Decided
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Overview: Court properly denied mother's request for final restraining order against stepfather based on his alleged sexual assaults on her unemancipated 15-year-old daughter, as child was not "victim" as defined by N.J.S.A § 2C:25-19(d) of New Jersey Prevention of Domestic Violence Act and mother lacked standing to seek relief under Act on child's behalf.
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| State v. Bell, DOCKET NO. A-3850-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 17, 2006, Decided
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Overview: Assuming police illegally entered home of inmate's aunt to search for him, as they had warrant for his arrest, and his confession three hours later was not the "product" of his having been arrested inside his aunt's house rather than on street, under Fourth Amendment and N.J. Const. art. I, para. 7, his confession was not subject to suppression.
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| State v. Ruccatano, DOCKET NO. A-1695-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 17, 2006, Decided
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Overview: Though not much effort was expended by surety in finding defendant after his bail was forfeited, its efforts were effective in recapturing him and were reasonable under the circumstances. Therefore, surety's efforts were "substantial" for purposes of applying New Jersey Remittitur Guidelines, and court erred by remitting only 10 percent of bond.
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