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STATE COURT CASES CIVIL PROCEDURE� –� FRIVOLOUS CLAIMS� –� COUNSEL FEES 07-2-9849� Gilgallon v. Bond, App. Div. (per curiam) (5 pp.)� Although motion judge properly concluded that defendant’s defense was frivolous within the purview of N.J.S.A. 2A:15-59.1, he erred in limiting plaintiff’s counsel fee award by misinterpreting N.J.S.A. 2A:15-59.1c(1) and (2). CORRECTIONS� –� DISCIPLINE 13-2-9850� Williams v. N.J. Dept. of Corrections, et al., App. Div. (per curiam) (5 pp.)� Inmate was afforded all due process in his disciplinary proceeding and was properly found guilty of the infraction of attempting to assault a corrections officer; inter alia, the inmate had no right to have the confidential informant submit to a polygraph examination. 13-2-9851� McCray v. N.J. Dept. of Corrections, et al., App. Div. (per curiam) (5 pp.)� Inmate’s non- punitive assignment to the Security Threat Group Management Unit at the prison — a unit assignment designed to anticipate and prevent potential threats to the orderly prison operation — does not implicate protected liberty interests; and, given the Commissioner’s designation of a group to which the inmate belonged as a STG, and the inmate’s lengthy record of serious prison infractions, the record amply supports the assignment. DEBTOR/CREDITOR 15-2-9852� United Jersey Bank, et al. v. Kensey, et ux., App. Div. (per curiam) (4 pp.)� Having already affirmed summary judgment in plaintiff’s favor on its foreclosure action, the panel now affirms summary judgment entered in favor of plaintiff on its suit on the related promissory notes and dismissing defendants’ counterclaim; as for the alleged fraudulent practice alleged in the counterclaim — failing to disclose an internal appraisal of the property’s value — the panel holds that� the bank had no responsibility to supply defendants as potential buyers with such appraisal. DEBTOR/CREDITOR� –� FORECLOSURE 15-2-9853� G.E. Capital Mortgage Svcs., Inc. v. Rumell, App. Div. (per curiam) (5 pp.)� Summary judgment in plaintiff’s favor and denial of defendant’s motion for reconsideration are affirmed in this foreclosure action, the panel noting agreement with the judge’s determination that the plaintiff was under no obligation to workout a deal with the defendant, and although its conduct concerning the potential workout here might be subject to criticism in terms of basic courtesy, it did not constitute actionable fraud or bad faith. ENVIRONMENT� –� SOLID WASTE 17-2-9854� I/M/O Petition for Approval of the Sale and Purchase of the Assets of State Carting Svc., Inc., etc., App. Div. (per curiam) (3 pp.)� DEP did not act arbitrarily in conditioning its approval of the sale of solid waste collection public utility’s assets on the requirement that the length of the promissory note be reduced from ten years to a period not to exceed five years. EVIDENCE� –� PERSONAL INJURY 19-2-9855� Mate v. Manna, App. Div. (per curiam) (4 pp.)� The trial judge erred in allowing defense counsel to use a medical article, whose author was not identified and where no inquiry was made to determine the article’s reliability, during cross examination of plaintiff’s expert and direct examination of the defendant’s expert. FAMILY LAW� –� REAL ESTATE 20-2-9856� Kromer v. Kromer, App. Div. (per curiam) (6 pp.)� Judge’s order compelling the sale of the parties’ real property was an entirely proper response to the parties’ failure to agree to transfer the property between themselves, and the order fully carried out the original order of the trial judge; likewise, the judge’s granting both of one-half credit to the defendant for mortgage payments, and one-half credit to the plaintiff for capital improvements, were sound discretionary decisions. LABOR AND EMPLOYMENT� –� UNEMPLOYMENT COMPENSATION 25-2-9857� Popejoy v. Bd. of Review, etc., et al., App. Div. (per curiam) (3 pp.)� Although claimant contends that she was improperly replaced by others when she left her job as a housekeeper to have a baby, the record supports the Board’s finding that her “quit” was voluntary, as she never actually communicated to her employer her intention to return to work, and did not evidence a sincere effort to protect her job by not requesting employment for four years. LANDLORD/TENANT� –� COMMERCIAL LEASES 27-2-9858� Pathmark Stores, Inc. v. West Orange Plaza, App. Div. (per curiam) (8 pp.)� Based upon the clear language in the Non-Disturbance and Option Agreement, the court correctly held that Pathmark’s ability to exercise its option for a ten-year lease renewal had been cut off when it failed to properly submit the necessary financial disclosure statements in accordance with the agreement. LANDLORD/TENANT� –� NEGLIGENCE 27-2-9859� Raillere v. Ivy Lane Realty, Inc., App. Div. (per curiam) (3 pp.)� Where plaintiff had used her attic storage area at least twice a year during her seventeen-year tenancy, and was well aware of the conditions that existed there, the court properly held that the landlord was not responsible for any breach of duty owed to her when she fell from the attic walkway through her bedroom ceiling.� [Original filed May 7, 1999; Amended opinion filed Jun. 22, 1999.] Please order as� 27-2-9859(A). NEGLIGENCE� –� TOWING 31-2-9860� Oros Yokov Yosef, Ltd. v. L&J Body and Fender Works, App. Div. (per curiam) (4 pp.) In action for stripped gears and damage to a truck allegedly caused by defendant’s improper towing, the panel reverses no cause judgment following a bench trial, finding that the trial judge made no findings of fact in this contested matter, although faced with contrary expert reports, and also failed to make reference to controlling legal principles. PENSIONS AND EMPLOYMENT BENEFIT PROGRAMS� –� VETERAN STATUS 56-2-9861� Canter v. Bd. of Trustees of P.E.R.S., etc., App. Div. (per curiam) (5 pp.)� The Division of Pensions and Benefits correctly denied plaintiff’s application requesting that his status be changed to reflect that he was a veteran, since the Coast Guard had voided the “DD214″ previously issued to plaintiff in light of the fact that he was only a temporary member of the reserve and his service did not constitute active duty. PUBLIC EMPLOYEES� –� ELIGIBILITY 33-2-9862� I/M/O Barisciano, App. Div. (per curiam) (5 pp.)� The panel affirms the Merit System Board’s reinstatement of petitioner to the fire fighter eligibility list based on its determination that petitioner was a resident of Newark, and not East Hanover, as argued by the City and found by the ALJ; the Board’s conclusion that the municipal investigation was “lacking,” and that the ALJ focused on “minor discrepancies” while overlooking “overwhelming evidence” of petitioner’s Newark residency, are well-supported in the record.� [Initial decision reported in the Alert dated Jan. 6, 1998; Final decision reported in the Alert dated June 2, 1998.] REAL ESTATE� — BROKERS 34-2-9863� R.J. Brunelli & Co. v. Hovsons, Inc., App. Div. (per curiam) (18 pp.)� The appellate court affirms jury verdict in favor of plaintiff on its suit for real estate commissions due, finding that the jury could have rationally concluded that plaintiff did not breach its fiduciary duties to defendant in failing to disclose a possible conflict of interest with the prospective tenant, as contended, but, even if it could not, a rational jury could still conclude that the failure of plaintiff to apprise defendant of its interest or relationship with the proposed tenant could not be reasonably viewed as generating a fair suspicion as to whether plaintiff had exercised its very best efforts as defendant’s agent. CRIMINAL LAW AND PROCEDURE� –� DOMESTIC VIOLENCE 14-2-9864� State v. DiFlorio, App. Div. (per curiam) (3 pp.)� Defendant was properly held to be in contempt for violating the terms of a final restraining order which prohibited him from having any contact with his former wife or her relatives, where he became angry with his former brother-in-law, although meeting him by chance, and threatened to kill him for allegedly interfering with defendant’s relationship with his children. CRIMINAL LAW AND PROCEDURE� –� EVIDENCE 14-2-9865� , App. Div. (Conley, J.A.D.) (8 pp.)� Although evidence of prior criminal convictions may be introduced for the purpose of impeaching the credibility of anyone who testifies, including a defendant who offers himself as a witness, the evidence was improperly admitted here in defendant’s second drug trial, since defendant did not testify and his credibility as a witness was therefore not in issue.� [Approved for publication May 7, 1999.] CRIMINAL LAW AND PROCEDURE� –� SEARCH AND SEIZURE 14-2-9866� , App. Div. (Kleiner, J.A.D.) (26 pp. — including concurring and dissenting opinion by Steinberg, J.A.D.)� Although the panel affirms that portion of the judge’s decision denying defendants’ motions to suppress evidence seized in plain view, it concludes that all evidence seized during a subsequent inventory of the arrested defendants’ personal property should have been suppressed, as the judge clearly erred in concluding that the search (conducted only after a search warrant was denied) was a valid inventory search.� [Approved for publication May 7, 1999.] CRIMINAL LAW AND PROCEDURE� –� WEAPONS FORFEITURE 14-2-9867� State v. King, App. Div. (per curiam) (7 pp.)� Although the panel shares the court’s public safety concerns and its view that, while convicted defendant continued to live in his mother’s home, no weapons should be permitted there, and while the panel agrees that the mother’s proposal to deposit her weapons with her nephew was unacceptably open-ended, the panel finds that, given the importance the mother attaches to retained ownership of the weapons, the trial court should have conducted an evidentiary hearing to determine the true nature of the proposed deposit with the nephew and whether, realistically, appropriate safeguards could be established; lower court’s order requiring the mother’s weapons to be sold to a disinterested party, with proceeds to be given to her, is reversed.

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