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Vol. 2, No. 20 DECISIONS ISSUED FEBRUARY 3, 1994 DEBTOR/CREDITOR 15-2-2554 Marie Wolfson, et al. v. Kathleen P. Bonello, et al., App. Div. (24 pp.) Chancery court erred in determining that judgment creditors should share on a pro rata basis according to the size of the judgments each held against the debtor after one creditor had levied on one of the debtor’s properties via a writ of execution, since creditors were not members of a common class claiming a share in a fund created for their benefit where the judgment would be denied a priority. GOVERNMENT 21-2-2555 In the Matter of the Appointment or Authorization of an Attorney to Represent the Hudson County Board of Elections and the Hudson County Superintendent of Elections, App. Div. (16 pp.) In a dispute over counsel fees where superintendent of elections and county board of elections were sued for alleged federal civil rights violations, trial court properly held that under N.J.S.A. 19:45-4, local election expenses, such as counsel fees, are the responsibility of the county and not the municipality, regardless of the nature of the election. INSURANCE – AUTOMOBILE 23-2-2556 IFA Insurance Company v. Russell C. Waitt and CNA Insurance Companies, App. Div. (9 pp.) Trial court properly held that a PIP insurance carrier is not entitled to reimbursement from a commercial liability carrier where the commercial carrier’s limit had been depleted, since N.J.S.A. 39:6A-9.1 does not permit recovery against a tortfeasor’s insurer after the exhaustion of policy limits. 23-2-2557 Unsatisfied Claim and Judgment Fund Board and Commissioner of Insurance v. New Jersey Manufacturers Insurance Company, App. Div. (7 pp.) Trial court properly determined that the Unsatisfied Claim and Judgment Fund cannot recover PIP benefits paid to passengers injured in an uninsured automobile from a third-party tortfeasor’s insurance carrier. LAND USE 26-2-2558 Michael Barone v. New Jersey Transit Corporation and Lawyers Title Insurance Corporation, App. Div. (9 pp.) Trial court erred in holding that property owner had an easement by necessity and prescription over a railroad right-of-way, giving property its only access to a public road, since, among other things, property owner failed to identify conveyance that created easement and failed to show how conveyance deprived predecessor in title of access to all public roads. NEGLIGENCE 31-2-2559 Griffin Construction Co. v. John S. Truhan Consulting Engineers, Inc., A New Jersey Corporation, and John S. Truhan, individually, App. Div. (5 pp.) Trial court properly dismissed construction company’s complaint against engineering company and its president for professional negligence based on the entire-controversy doctrine, since these parties should have been sued in the construction company’s earlier action against the seller of the land. PHYSICIAN/PATIENT 29-2-2560 In the Matter of the Suspension of Revocation of the License of Robert Raveis, Ph.D., Licensed to Practice Psychology in the State of New Jersey, App. Div. (27 pp.) During hearing where psychologist’s license was revoked for sexually abusing a patient, Board of Psychological Examiners properly denied doctor’s application compelling psychological examination of sexually abused patient, since the doctor did not demonstrate that the patient’s mental disorders clouded her ability to accurately testify, thus not justifying an intrusion on the patient’s right of privacy. PUBLIC EMPLOYEES 33-2-2561 Robert Benthien v. Township of Union and the Police Department of the Township of Union, App. Div. (7 pp.) Township arbitrator erred in granting award in favor of the township based on police officer’s failure to invoke the grievance procedure for contract disputes in a timely manner, since the arbitrator failed to consider all of the legally cognizable excuses available to the police officer to justify his late use of the grievance procedure. CRIMINAL LAW AND PROCEDURE 14-2-2562 State v. Jimmy Edward Holmes, App. Div. (7 pp.) Trial court improperly charged the jury on passion/provocation manslaughter, since it implied that defendant and not the state bore the burden of proving beyond a reasonable doubt the presence of reasonable provocation and heat of passion. 14-2-2563 State v. Pedro Laboy, App. Div. (19 pp.) Trial court erred in admitting a non-testifying co-defendant’s confession, which directly inculpated defendant on murder charge, that was offered to show what had prompted the defendant’s confession, since the voluntariness of defendant’s confession was not contested at trial. 14-2-2564 State v. Charles H. Williamson, App. Div. (6 pp.) Police officer was not authorized to stop defendant’s automobile, after observing that defendant had moved his vehicle from the center lane to the right lane of a highway without signaling, since the arresting office failed to prove that defendant’s lane switching had affected other traffic on the highway.

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