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Vol. 2, No. 68 DECISIONS ISSUED APRIL 20, 1994 DEBTOR/CREDITOR – REAL ESTATE 15-2-3097 Columbia Lumber & Millwork Co. v. Young In Chung and Hye Sun Chung, et al., App. Div. (6 pp.) Where Chungs contracted with defendant builder for home construction and plaintiff lumber company extended credit to builder for supplies on Chung home which builder did not completely pay for, trial court erred in applying the common-law creditor’s rule when court granted plaintiff’s stop notice, since plaintiff was aware that builder was under a duty to Chungs to use their payment to compensate for lumber and supplies provided for Chung house, and debt was satisfied before the stop notice was filed. 15-2-3098 Lowell Toll and Am. Bankers Ins. Co. of Florida v. Samuel Cruz, Elsa Collazo, et al. App. Div. (5 pp.) Where defendant Cruz failed to appear for court after plaintiff, a commercial bondsman, posted bond for Cruz, and Cruz gave mortgages on two properties as collateral, with an insurer acting as Cruz’s surety on the bond, trial court erred in holding that one mortgage should be discharged, since house was purchased when Cruz was married, making Cruz’s and his wife’s interests a tenancy by the entirety, and the mortgage was obtained before Cruz’s divorce, so plaintiff had a valid lien on Cruz’s undivided one-half interest in property for his life, subject to right of survivorship. FAMILY LAW 20-2-3099 Claire R. Lewald v. Francis X. Lewald, App. Div. (4 pp.) Where husband during incarceration sought to terminate his obligation to pay alimony and child support, trial court properly denied husband’s motion, since incarceration does not constitute a prima facie case of changed circumstances, and husband did not fully disclose if he was still receiving workers’ compensation benefits and other pertinent information. 20-2-3100 Anne Regino-Pedone v. Frank Regino, App. Div. (5 pp.) Where wife sued husband for continued child support for one child, trial court properly held that child was emancipated under property settlement agreement, since she (1) was over 18 years old, (2) was employed full-time, and (3) had not attended college for four years continuously and was not currently attending college. LAND USE 26-2-3101 Central Beef Co., et al., v. The Borough of Milford, et al., App. Div. (36 pp.) Where plaintiff land owner sued township for rezoning 48 acres owned by plaintiff to low-density residential use from high-residential use, trial court erred in granting summary judgment upholding the rezoning of the land, since factual issues exist, such as whether the ordinance (1) was tainted by a conflict of interest on the part of a planning-board member who recommended its approval, (2) is consistent with the land-use plan element, under N.J.S.A. 40:55D-62a, (3) is consistent with the housing-plan element, and (4) is presumptively invalid under N.J.S.A. 40:55D-89.1 because the planning board had not reexamined the master plan since 1975, in violation of N.J.S.A. 40:55D-89, the six-year periodic reexamination requirement. WORKERS’ COMPENSATION 39-2-3102 Magda Prieto v. The Clorox Co., App. Div. (9 pp.) Where defendant employer claimed that plaintiff employee filed her occupational claim beyond the statute of limitations — within two years after the date when she first knew about her disability and its relationship to her employment under N.J.S.A. 34:15-34 — workers’ compensation judge properly held that employee’s claims were not time barred, since an employee must know the nature of the disability and its relationship to the employment before the time-bar becomes effective, and the employee filed her claim as soon as she learned that her ailments were work-related.

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