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Vol. 2, No. 63 DECISIONS ISSUED APRIL 13, 1994 TAXATION 35-2-3053 Romulus Development Corp. v. Weehawken Township, Tax Ct. (29 pp.) Where plaintiff/land owner appealed from riverfront property tax assessments, tax court held that defendant township tax expert’s sales comparisons with plaintiff’s property sales were not probative of the property’s true value on the valuation dates, since defendant’s comparable property sales were not similar to plaintiff’s property; court also determined that the property values were the estimates of plaintiff’s expert, without deductions for affordable housing, approval costs and infrastructure costs, since those deductions were not supported by credible evidence. FAMILY LAW 20-2-3054 Joel E. Mowery v. Marie Mowery, et al., App. Div. (5 pp.) Where plaintiff husband sued defendant wife (1) claiming that she had fraudulently obtained his signature on a property deed, and (2) to enforce their settlement agreement regarding wife’s alleged fraudulent act and other marital property subject to equitable distribution in pending matrimonial action, trial court erred in not conducting an evidentiary hearing regarding settlement circumstances and its economic impact upon the parties. INSURANCE 23-2-3055 Rosa Gonzalez v. John Doe, ABC Corp. and Kenneth Merin, Comm’r of Ins. of the State of New Jersey, App. Div. (3 pp.) Where plaintiff, a pedestrian, who was struck by a hit-and-run automobile, sued the Unsatisfied Claim and Judgment Fund, trial court erred in dismissing plaintiff’s complaint, since there was an insufficient factual basis to determine if plaintiff was a “resident” under the fund. INSURANCE – AUTOMOBILES 23-2-3056 Barbara M. Skowron and Anthony R. Skowron v. Louis A. Verruni, III, App. Div. (3 pp.) Where plaintiff suffered from back spasms due to injuries sustained in an auto accident, trial judge properly dismissed plaintiff’s complaint for failure to meet verbal-threshold criteria, since there were no objective medical findings of injury causally related to the automobile accident. LANDLORD/TENANT 27-1-3057 The Chase Manhattan Bank v. Mr. and Mrs. Seymour Josephson, et al., Sup. Ct. (57 pp. incl. 23 pp. dissent) Where defendants, month-to-month tenants, were evicted from their apartment in favor of mortgagee plaintiff who had foreclosed on the property, trial court erred in holding that the N.J.S.A. 2A:18-61.3 amendment to the Anti-Eviction Act, which extended the Act’s ant-eviction restrictions to “an owner’s or landlord’s successors in possession or ownership,” was not sufficiently specific to supersede Court pre-amendment decision in Guttenberg Savings & Loan Ass’n v. Rivera, 85 N.J. 617 (1981)–where foreclosing mortgagees were exempt from the act if mortgage predated the tenants’ leasehold interest–since the amended act clearly reflects the Legislature’s intent to supersede the Guttenberg holding. REAL ESTATE 34-2-3058 Joan Vernose and Gerard Vernose v. John Forster v. A.K. Builders, Inc., App. Div. (9 pp.) Where plaintiff homeowners and defendant building company entered into a home-construction contract, and defendant Forster signed the contract in his capacity as president of defendant corporation, trial court erred in holding that (1) parties agreed to arbitration, since trial judge did not have the home owner’s warranty or plaintiff’s acceptance of warranty terms when deciding case, and (2) defendant/company president was personally liable, since record was incomplete. CRIMINAL LAW AND PROCEDURE 14-2-3059 State v. Anthony Dukes, App. Div. (16 pp.) Where defendant was convicted of armed robbery and possession of a prohibited weapon, a knife, trial court properly denied defendant’s claim that the jury should have been permitted to consider self-defense when considering the armed-robbery charge, since there was no evidence that the jury could reasonably conclude that the victims either threatened or attacked the defendant.

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