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VOL. 2, NO. 127 DECISIONS RELEASED JULY 14, 1994 ADMINISTRATIVE LAW AND PROCEDURE – ENVIRONMENT 01-2-3761 Paul St. James, et al. v. Dep’t of Envtl. Protection and Energy, App. Div. (12 pp.) Where the DEPE would not grant a formal hearing to trailer park owners after fining them for water pollution violations, unless owners posted a bond for penalty amount, the DEPE erred in requiring a bond, since due process would only be satisfied if there were some interim review procedure available to the violator between the penalty notice and the final order, which does not exist under the Water Pollution Control Act. ATTORNEY/CLIENT – GOVERNMENT 04-1-3762 Administrative Determinations Relating to the 1993 Report of the New Jersey Ethics Comm’n, Supreme Ct. (42 pp.) Court accepted many of the commission’s recommendations including: attorney disciplinary matters will be made public at the formal complaint stage, and a disciplinary oversight committee will be appointed to make certain that volunteer attorney disciplinary committees are functioning effectively; the Court rejects the centralization and total professionalization of the system. ENVIRONMENT 17-2-3763 Ste-Lar Textiles, Inc. v. New Jersey Dep’t of Envtl. Protection and Energy, App. Div. (12 pp.) Administrative law judge properly held that an industrial property owner cannot compel the DEPE to take title to contaminated property under the Spill Act. FAMILY LAW 20-2-3764 Joseph Mercadante v. Barbara Mercadante, App. Div. (9 pp.) Trial court erred in continuing suspension of father’s support payments for daughter until the relationship between them improved, since generally a parent is obliged to contribute to a child’s support, irrespective of the quality of their relationship, and the judge should have reviewed the order’s effectiveness, before extending it. INSURANCE 23-2-3765 Diane Audain, et al. v. Robert J. Brantley, Lucien Audain, Jr. and Liberty Mut. Ins. Group, App. Div. (10 pp.) Where insureds sued insurer to reform a policy to provide coverage and higher levels of uninsured/underinsured benefits under existing coverage, trial court properly reformed the policy, since the insurer breached its fiduciary duty with the existing policy because of a discrepancy between liability amounts and the UM/UIM coverage. 23-2-3766 The Franklin Mut. Ins. Co. v. Security Indem. Ins. Co. App. Div. (9 pp.) Where a woman slipped on a store’s steps in plaintiff landlord’s building, trial court properly held that defendant store’s insurer had to reimburse landlord’s insurer for one-half of the defense fees and costs, since the landlord was an additional insured under store’s policy. 23-2-3767 Harold Hurley v. Keystone Ins. Co. and AAA Cent. New Jersey, App. Div. (4 pp.) Where plaintiff, who was involved in a three-car collision, collected from the other drivers’ insurers and then sought underinsured coverage from his own defendant insurers, trial court properly barred plaintiff’s claim under the anti-stacking provision of the state insurance law. LABOR AND EMPLOYMENT- ATTORNEY/CLIENT – CIVIL RIGHTS 27-2-3768 Meryl Szczepanski v. Newcomb Hosp. Medical Center, Inc., et al. and Elmer Mattioli, et al., App. Div. (12 pp.) Where jury found that doctor had sexually harassed nurse plaintiff, and hospital and employment agency interfered with her employment after she reported harassment, trial court erred in limiting the counsel fee award to the percentage of the judgment that employee’s counsel could have claimed under a contingent fee agreement, since contingent agreements do not prevent counsel from seeking a greater fee award. LABOR AND EMPLOYMENT – CIVIL RIGHTS 25-2-3769 Candy Rendine and Bernadette Lorestani, v. Edward Pantzer, et al., App. Div. (82 pp. incl. dissent) Where plaintiff employees sued defendant employer for sexual discrimination– after plaintiff Lorestani was fired and and most of plaintiff Rendine’s responsibilities were taken away after each had a baby–trial court properly awarded both employees (1) damages for emotional distress, under N.J.S.A. 10:5-3, and (2) punitive damages, since there was credible evidence that the employer “knowingly permitted and authorized discrimination against women.” LAND USE 26-2-3770 Shav Assocs. v. The Township of Middletown and One River Assocs., App. Div. (16 pp.) Where township rezoned land permitting increased floor area ratio in new structure, if a portion of the rezoned land was dedicated to the township, township erred in adopting the ordinance, since the township had an arbitrary power to dispense the bonuses because no standards existed for accepting or rejecting a dedication offer. TORTS 36-2-3771 Kimberly A. Svoboda, et al. v. Macy’s Northeast, Inc., et al, App. Div. (7 pp.) Where plaintiff’s foot was injured when it got caught in an escalator’s moving step, trial court properly dismissed the complaint provisions dealing with spoilation of evidence, regarding the escalator comb plate, since there was insufficient evidence to support a deliberate action by the defendant. CRIMINAL LAW AND PROCEDURE 14-1-3772 State v. Alphonso Robinson, Supreme Ct. (25 pp.) Where defendant was convicted of attempted murder, and aggravated assault, appellate court (1) properly held that passion/ provocation manslaughter is a crime under the state Code of Criminal Justice as a lesser-included offense of attempted murder, but (2) erred in not reversing the defendant’s convictions, because there was sufficient evidence to support a jury charge on passion/provocation.

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