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Vol. 2, No. 8 DECISIONS ISSUED JANUARY 14, 1994 ATTORNEY/ CLIENT – LABOR AND EMPLOYMENT 04-4-2321 Sylvia Robb v. Ridgewood Board of Education et al., Ch. Div. (19 pp.) Prospective school teacher who was successful on one of her eight Law Against Discrimination claims was entitled under N.J.S.A. 10:5-27.1 to recover only 20 percent of the counsel fees incurred in the litigation, since a majority of her attorney’s time was devoted to claims — such as alleged religious discrimination and wrongful denial of an administrative position — on which plaintiff did not prevail. [Approved for publication Jan 12, 1994.] CONTRACTS 11-2-2322 Arthur Bromberg et al. v. Club Med, Inc. et al., App. Div. (7 pp.) Trial court properly granted recovery to plaintiffs on their breach-of-contract claim against defendant whose charter flight left five minutes before the scheduled departure time causing plaintiffs to miss the flight, despite plaintiffs’ failure to comply with provision in defendant’s brochure advising passengers that the trip could be canceled if any passenger did not arrive 60 minutes before the flight. FAMILY LAW 20-2-2323 Linda Reynolds v. Harry Paul, App. Div. (5 pp.) Where wife filed complaint seeking damages and relief from divorce judgment based on husband’s failure to abide by judgment’s requirement that he visit his children, trial court erred by concluding that the claim was precluded by a prior order denying wife’s motion to compel visitation, since the complaint raised new issues. INSURANCE 23-3-2324 Estate of Juan Rivera et al. v. North American Co. For Life and Health Insurance et al., Law Div. (8 pp.) Trial court denied insurer’s motion for summary judgment brought on the ground that insured made knowing misrepresentations on his life insurance application, since genuine issues of fact were raised by evidence that insured did not understand English and signed the application without having it translated. [Approved for publication Jan 12, 1994.] LAND USE 26-2-2325 Excelsior Industrial Equipment Co. et al. v. Frank Green, N.J. Children’s Museum et al., App. Div. (9 pp.) Law Division properly vacated township planning board’s approval of museum’s site plan where the board relaxed township’s off-street parking requirements without affording notice to interested parties or requiring museum to obtain a variance. NEGLIGENCE 31-2-2326 Deanna Perona et al. v. Township of Mullica et al., App. Div. (14 pp.) Trial court properly dismissed suit against township and its police officers alleging that the officers should have confined plaintiff after reading a note that she had written indicating that she might be suicidal, since several provisions of the Tort Claims Act, including N.J.S.A. 59:6-6 and 59:3-2, grant immunity to public entities and their employees for discretionary decisions regarding whether a person needs to be confined. PHYSICIAN/PATIENT 29-2-2327 Anna Amato et al. v. The Summit Medical Group et al., App. Div. (6 pp.) In medical malpractice suit where plaintiff claimed to have suffered damage to her hand due to a negligently administered injection, trial court erred by granting summary judgment in favor of defendant based on his familiarity with this type of injury and its causes, since plaintiff presented doctor’s reports that raised genuine issues of fact regarding causation. TAXATION 35-3-2328 Union County Utilities Authority v. Paul Josewitch et al., Law Div. (7 pp.) In case involving condemned land in Rahway where the city sought to enforce real estate tax liens and the state sought to enforce income tax liens for the same years, the priority of the liens was established by determining the order in which the city and state liens attached under N.J.S.A. 54:5-6 and N.J.S.A 54:49-1, respectively. [Approved for publication Jan 12, 1994.] CRIMINAL LAW AND PROCEDURE 14-2-2329 In the Matter of a Seized Firearm of John Boswell v. State of N.J., App. Div. (4 pp.) Motel room at which appellant spent most of his weekends does not constitute his residence within the meaning of statute governing permits to possess a handgun, N.J.S.A. 2C:39-6 et seq. 14-2-2330 State v. Lawrence Garland, App. Div. (21 pp.) (1) Police officer who observed a paper bag protruding out of the waist band of the subject of a traffic stop was not justified in conducting a pat-down search, since the record does not indicate that the officer believed that the bag contained a weapon or that he feared for his safety. (2) Police officers were authorized under the emergency aid doctrine to enter motel room after the officers received information that children had been left there unattended and the officers’ entrance into the room was not motivated by a desire to find evidence, and drugs found in plain view were properly admitted. 14-2-2331 State v. L.J.P., Sr., App. Div. (18 pp.) Sexual assault convictions were reversed where the trial court concluded that the psychologist-patient privilege precluded defendant from producing psychologist’s reports indicating that victim had recanted her allegations, since defendant’s need for the evidence and his right to confront his accuser was more compelling than victim’s confidentiality interests. 14-2-2332 State v. Blaine Thompson, App. Div. (6 pp.) Trial court properly refused to compel the state to produce robbery victim to testify at Evid. R. 8 hearing concerning photo identification, since the defense provided no evidence that the identification procedure was suggestive.

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