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| Foster v. Newark Housing Authority, DOCKET NO. A-1614-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 21, 2006, Decided
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Overview: Officer, shot in a public housing authority's apartment building by non-tenant who gained access through unlocked door, sued authority for negligence. Authority was not entitled to summary judgment under N.J. Stat. Ann. § 59:4-2 of New Jersey Tort Claims Act, as jury could find its failure to lock door to the building was palpably unreasonable.
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| In re Contest of November 8, 2005 General Election for Office of Mayor for Tp. Parippany-Troy Hills, DOCKET NO. A-2353-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 21, 2006, Decided
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Overview: Second-place candidate's petition challenging the results of a mayoral election under N.J.S.A. § 19:29-1(e) was improperly dismissed under R. 4:6-2(e) for failing to state a claim, as she pled her case with the required specificity of N.J.S.A. § 19:29-2 and the burden placed on her by the motion judge at the pleading stage was too onerous.
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| Wein v. Morris, DOCKET NO. A-6129-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 21, 2006, Decided
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Overview: In a breach of contract suit, the parties waived their contractual right to arbitrate and, thus, a trial judge mistakenly compelled arbitration sua sponte. Plus, the arbitrator exceeded his authority modifying the award by granting plaintiffs further affirmative relief and not merely correcting a clerical, typographical, or computational error.
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| Forrestall v. Forrestall, DOCKET NO. A-2337-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 28, 2006, Decided
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Overview: In ruling on mother's motion to modify child support, the trial court properly declined to consider contributions of father's employer to his voluntary 401(k) plan in calculating father's income, as neither the employer contributions nor the income generated by that plan would have been available to pay child support expenses in an intact family.
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| Papergraphics Intern., Inc. v. Correa, DOCKET NO. A-0360-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 28, 2006, Decided
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Overview: Trial court erred in awarding buyer treble damages under the New Jersey Consumer Fraud Act (CFA), N.J.S.A. §§ 56:8-01 to -109, because the buyer's purchase of counterfeit printer ink cartridges from defendants, bought for resale at a significant profit, not for its individual use, was not the type of "consumer transaction" covered by the CFA.
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| Tretola v. Tretola, DOCKET NO. A-1840-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 28, 2006, Decided
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Overview: In a post-divorce matter, a family court erred in failing to hold a plenary hearing before denying a father's motion to emancipate one of his sons as material facts existed as to whether the son was attending college full-time, whether he was working full-time, and whether the father was entitled to a reduction in his child support obligation.
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| Clorox Prods. Mfg. Co. v. Director, Div. of Taxation, DOCKET NO. 007867-2004,
TAX COURT OF NEW JERSEY, November 29, 2006, Decided
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Overview: Under N.J.A.C. 18:7-5.2(a)2(v), a taxpayer's parent corporation had not entitled, but not required, to take an excess depreciation deduction. As parent's decision not to take that deduction did not preclude taxpayer from assuming higher depreciable basis of assets transferred to it by parent, taxpayer was improperly denied depreciation deduction.
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| In re Mathesius, D-166 September Term 2005,
SUPREME COURT OF NEW JERSEY, November 30, 2006, Decided
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Overview: A judge was suspended from the performance of his judicial duties for 30 days, without pay, as a result of violating N.J. Ct. R. Canon 1, 2A, 3A(3), 3A(6), and 3A(10) and R. 2:15-8(a)(6) by evidencing conduct that lacked impartiality by entering a jury room during deliberations without counsel present and other violative acts.
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| In re Probate of Will of Lee, DOCKET NO. A-0547-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 30, 2006, Decided
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Overview: Charitable beneficiaries of qualified terminable interest property (QTIP) trusts were not obliged to pay federal estate taxes attributable to the QTIP trusts. However, under New Jersey law, will could be construed to provide testator's daughter a greater share of estate to pay federal estate taxes which had to be paid exclusively from her shares.
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