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   State Courts - New Jersey - November 19 - November 30, 2007

  
Housing & Redevelopment Auth. v. Miller, DOCKET NO. A-2463-06T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 19, 2007, Decided
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Overview: In a summary eviction action, the eviction of a tenant from federally subsidized public housing was upheld as the tenant's convictions for simple assault and disorderly conduct under N.J.S.A. § 2C:12-1(a)(1) and N.J.S.A. § 2C:33-4(a) justified the eviction under 42 U.S.C.S. § 1437(d)(l)(6) and N.J.S.A. § 2A:18-61.1(e)(2).

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Koruba v. Am. Honda Motor Co., DOCKET NO. A-5953-05T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 19, 2007, Decided
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Calbi v. Calbi, DOCKET NO. A-5053-05T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 21, 2007, Decided
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Overview: An order requiring an ex-husband to make alimony payments to his jailed ex-wife, who caused the death of one of their children, was reversed as whether the impact of the child's death resulted in an economic change of circumstances such that his ability to pay alimony was prevented or hindered, pursuant to N.J.S.A. § 2A:34-23, required a hearing.

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Hoag v. Brown, DOCKET NO. A-5537-05T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 27, 2007, Decided
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Overview: A trial court erred by dismissing a social worker's New Jersey Law Against Discrimination, N.J.S.A. §§ 10:5-1 to -49, hostile work environment claim on the grounds that she was not a State employee because the trial court had to look beyond the label of independent contractor since she provided professional services to State inmates.

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State v. A.O., DOCKET NO. A-5388-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 27, 2007, Decided
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Overview: State v. Reyes, 237 N.J. Super. 250, 567 A.2d 287 (App. Div. 1989) was held to no longer be good law and, thus, a trial court committed plain error in defendant's trial for sexual abuse of a child by admitting the results of his polygraph exam, which was the result of an uncounseled stipulation, as violative of the Sixth Amendment.

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In re Williams, D-156 September Term 2006, SUPREME COURT OF NEW JERSEY, November 28, 2007, Filed
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Janicky v. Point Bay Fuel, Inc., DOCKET NO. A-1165-06T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 28, 2007, Decided
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Overview: An appeal wherein a trial court certified an order in a breach of contract suit as final, pursuant to R. 4:42-2, was dismissed as interlocutory since only one issue of whether defendants' certificate was an insurance contract was addressed in the order and it in no way represented a final adjudication of the matter.

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Impink v. Reynes, DOCKET NO. A-3448-06T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 29, 2007, Decided
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Overview: A trial court erred by changing the settlement in a negligence suit involving an infant from a lump sum cash payment to a structured settlement as such modification was beyond the trial court's authority under R. 4:44-3 and such a change required the consent of the parties.

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Rosenberg v. State Dep't of Law & Pub. Safety, DOCKET NO. A-0578-06T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 30, 2007, Decided
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Overview: Appellant, pursuant to common law "right to know" doctrine, sought documents compiled by New Jersey Division of Criminal Justice in investigation of alleged attempt to remove him from office. As court failed to specific factual findings in denying request, appellate court was unable to determine if it abused its discretion; remand was required.

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Turner v. Associated Humane Societies, Inc., DOCKET NO. A-2604-06T2, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 30, 2007, Decided
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Overview: As evidence was sufficient to show that fired employee reasonably believed employer violated public policy by adopting out dog it was paid by owner to euthanize because it had bitten her, and which later killed its new owner, his suit under N.J. Stat. Ann. § 34:19-3 of New Jersey Conscientious Employee Protection Act should not have been dismissed.

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