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VOL. 2, NO. 106 DECISIONS RELEASED JUNE 14, 1994 CIVIL PROCEDURE – REAL ESTATE – CONTRACTS 07-2-3508 Sanford B. Schumacher, et al. v. Cedars Dev. Corp. of N.J., et al., App. Div. (3 pp.) Where condominium owners sued developer for negligent construction, trial court properly denied developer’s motion to dismiss the complaint on the grounds that the owners did not arbitrate the matter pursuant to the sale contract, since the developer waited three years to object to owners’ Superior Court action. CIVIL PROCEDURE – MUNICIPAL LAW 07-2-3509 East Hanover Township Council, et al., v. The Township of East Hanover, et al., App. Div. (4 pp.) Where township council sued the township government, and attorney filed a motion to be substituted as council attorney after new council members were elected, trial court upheld the matter’s settlement, since after the council-member changeover, the council voted as a body to settle. DEBTOR/CREDITOR – AUTOMOBILES 15-2-3510 Mercedes/Benz Credit Corp. v. Ener-Mark Corp. and Barry Bloomfield, App. Div. (5 pp.) Where car lease could not be assigned to defendant because the leased car was repossessed and sold after defendant corporation defaulted, trial court erred in granting plaintiff’s summary judgment motion allowing the vehicle’s sale, since factual issues existed, such as whether defendant timely satisfied the lease assignment conditions. FAMILY LAW 20-2-3511 Peter Anastos v. Barbara Ann Anastos, App. Div. (28 pp.) Where ex-wife sued former husband for divorce agreement modification, trial court erred in setting alimony, since the judge failed (1) to offset the wife’s prospective reduction of earned income if she returned to school, under N.J.S.A. 2A:34-23b, and (2) to consider that a wife who maintains the home is entitled to share in the rewards of the combined efforts, pursuant to N.J.S.A. 2A:34-23b(6) and (8). INSURANCE 23-1-3512 I/M/O The Comm’r of the Ins.’s Issuance of Orders A92-212, and Adoption of N.J.A.C. 11:3-20.5 and Adoption of N.J.A.C. 11:3-20 – Appendix (A-96-93), Supreme Ct. (36 pp. incl. 9 pp. dissent and Appellate Division decision ) Appellate division properly held that the state Insurance Commissioner did not exceed his authority in promulgating N.J.A.C. 11:3-20.5(e), which prohibits automobile insurers from deducting the surtax and assessment costs as an excess profit report, since the commissioner’s authority “to take such action as is necessary” to achieve the FAIR Act’s legislative objective, combined with his authority to enact necessary profit regulations, made his action in promulgating the regulation reasonable. 23-2-3513 Charles Martin v. Home Ins. Co. v. Unsatisfied Claim and Judgment Fund, et al., App. Div. (26 p.) Where in a consolidated action out-of-state insurers, authorized to do business in New Jersey, sought reimbursement from defendant UCJF for PIP benefits for out-of-state residents injured in car accidents in New Jersey, trial court in Martin, one of the four consolidated cases, properly held that the insurer was entitled to reimbursement, since the right of reimbursement is permitted under N.J.S.A. 39:6A-4a, N.J.S.A. 39:6-62 and N.J.S.A. 39:6-73.1, when read together. CRIMINAL LAW AND PROCEDURE 14-2-3514 State v. Charles X. Morrissey, App. Div. (6 pp.) Where defendant was convicted of first-degree aggravated sexual assault, trial court properly denied defendant’s motion for ineffective assistance of counsel for not producing a witness’s counseling records, since the records would not affect defendant’s case.

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