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Vol. 2, No. 60 DECISIONS ISSUED APRIL 8, 1994 TAXATION 35-1-3023 Brunswick Corp. v. Director, Div. of Taxation, Sup. Ct. (16 pp.) Where state Corporation Business Tax Act assessed a franchise tax on corporations’ real property and tangible personal property, tax director properly included New Jersey property leased by corporation in calculating tax owed to the state, since (1) regulation, N.J.A.C. 18:7-8.5(b) that director adopted was clearly within his power and (2) because definition of property under N.J.S.A. 54:10-A-6(A) does not include the term “owned,” it permits an interpretation that includes leased property. ATTORNEY-CLIENT 04-2-3024 Countrywide Properties, Inc. v. Langan Engineering, et al., App. Div. (14 pp.) Where partner in law firm representing defendant had previously represented one of plaintiff’s investors and plaintiff corporation and had a substantial investment in plaintiff, trial court erred in denying plaintiff’s motion to disqualify the law firm representing defendant, since RPC 1.7(c) and RPC 1.9 require that a law firm be disqualified where the firm represents a party in litigation against a former client with a materially adverse interest. INSURANCE 23-2-3025 Port Authority of New York and New Jersey v. Nat’l Union Fire Ins. Co. of Pittsburgh, P.A., et al., App. Div. (7 pp.) Where woman who was abducted from a Newark Airport parking lot and was sexually assaulted sued plaintiff Port Authority and others, trial court properly denied plaintiff’s motion for summary judgment to order defendant insurer to defend it against victim’s tort claims, since record was unclear. INSURANCE – AUTOMOBILES 23-2-3026 Daniel H. James v. New Jersey Auto. Full Ins. Underwriting Ass’n and State Farm Mutual Ins. Co., App. Div. (5 pp.) Where plaintiff passenger was injured in an auto accident and plaintiff’s insurer denied coverage, trial court properly held that coverage had expired before accident, since the insurance premium was not paid in full, and insurer had properly sent a written cancellation notice. 23-2-3027 Paul J. Schwenger v. Marguerite Alward and Frank Bevilacqua, App. Div. (6 pp.) Where plaintiff suffered from back spasms, blackened eyes and a probable concussion from an auto accident, trial court properly dismissed plaintiff’s complaint for failure to meet verbal-threshold criteria, since plaintiff’s injuries were only temporary. LAND USE 26-2-3028 Jeal Sugarman and West Englewood Residents Ass’n v. Township of Teaneck and Township Board of Adjustment and Congregation B’nai Yeshurun, App. Div. (11 pp.) Where township granted congregation’s variance to expand its synagogue, trial court properly dismissed plaintiff’s complaint objecting to variance approval and potential conflict of interest of adjustment-board member, since (1) congregation had satisfied negative and positive criteria to warrant grant of application, and (2) though board member had been a congregation affiliate member and she and her family occasionally attended services, there was no appearance of impropriety, because she had given up membership before hearings. WORKERS’ COMPENSATION 39-2-3029 Robert R. Bonomini v. City of Clifton, App. Div. (4 pp.) Where plaintiff, a former city fire fighter, claimed that he had gotten “hairy cell” leukemia from exposure to benzene while fighting a fire, workers’ compensation judge properly held that plaintiff’s cancer was not covered, since plaintiff’s proofs were inconclusive. 39-2-3030 Dorothy Brown v. American Red Cross and Hanover Ins. Co., App. Div. (10 pp.) Where plaintiff employee was injured in an auto accident after returning from one of defendant employer’s blood drives, and employer compensated plaintiff for travel time, workers’ compensation judge properly held that plaintiff was covered, since plaintiff fell within travel-time exception. CRIMINAL LAW AND PROCEDURE 14-2-3031 State v. Darrell Collins, App. Div. (11 pp.) Where defendant was convicted of murdering his wife and son, trial court (1) properly let in testimony of defendant’s neighbor, even though her grand jury testimony was incomplete and she vanished for two months after the murder, since she was fully cross-examined during trial, and (2) properly allowed state to re-examine witness to prove that she was afraid of defendant, since testimony was used to explain weaknesses and contradictions in witness’s testimony. 14-2-3032 State v. William Lawson, App. Div. (10 pp.) Where defendant’s car was searched pursuant to a legitimate automobile stop and police officer noticed a butane torch and a syringe that he reasonably assumed were for drug use, and defendant claimed that paraphernalia belonged to passengers, defendant was improperly convicted of possession of cocaine, since state failed to prove that defendant had the intention and capacity to exercise control over the cocaine.

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