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VOL. 2, NO. 97 DECISIONS RELEASED JUNE 1, 1994 ALCOHOLIC BEVERAGES -TORTS 47-3-3414 Louis Componile v. Richard Maybee, Jr., et al., Law Div. (9 pp.) Where plaintiff guest sued homeowners for injuries sustained when an intoxicated guest pushed the plaintiff at a party held by defendant homeowners’ son, trial court dismissed the complaint against the homeowners, since a social host only may be directly liable to minors and to third persons injured in automobile accidents, and is not liable to anyone else injured as a result of the social host’s serving alcoholic beverages to a guest. [Approved for publication May 31, 1994.] BANKING – COMMERCIAL TRANSACTIONS 06-3-3415 Globe Motor Car Co. v. First Fidelity Bank, et al., Law Div. (15 pp.) Where plaintiff employer sued defendant bank, accountants and inspectors for negligence in failing to detect that defendant employee had embezzled $1.5 million by forging checks and records, trial court dismissed claims against bank for forged checks, since the bank is relieved from negligence where payment of forged check is caused by depositor’s negligence. [Approved for publication May 31, 1994.] CONTRACTS – ENVIRONMENT 11-2-3416 Solid Waste Transfer and Recycling, Inc. v. County of Essex County Utils. Auth., App. Div. (6 pp.) Where plaintiff filed its permit application to operate a solid waste transfer station with the DEPE late, trial court properly held that plaintiff’s contract to operate with the DEPE remained in full force and effect, since the DEPE allowed plaintiff to operate while the permit application was pending. CONTRACTS – REAL ESTATE 11-2-3417 New Southmont Equities v. G & M Developers, Inc., and The Bank of Mid-Jersey, App. Div. (11 pp.) Where developer, who relied on engineer’s oral statement that soil was suitable for septic systems, stopped making mortgage payments to plaintiff mortgagee after finding out that soil was not suitable for traditional septic systems, trial judge erred in rescinding the real estate contract, since judge should have just adjusted price of four lots on which conventional septic systems could not be installed. ENVIRONMENT – REAL ESTATE 17-2-3418 Carlton Cove Assocs. v. Mary A. LaGreca, et al., App. Div. (5 pp.) Where plaintiff property purchaser sued owner of adjacent gas station–who never operated the station–and gas company, for property contamination caused by leaking gas tanks, trial court properly dismissed gas company’s indemnification claim against landowner, which was based on clause in equipment bill of sale, since indemnification agreement was unconscionable and the result of disproportionate bargaining power. 17-2-3419 Liquid Air Corp. and Lai Properties, Inc. v. Ideal Gas Prods., et al., App. Div. (17 pp.) Where plaintiff purchaser sued sellers for ECRA clean-up costs after a fire, trial court erred in dismissing the complaint, since factual issues existed. FAMILY LAW 20-3-3420 New Jersey Div. of Youth and Family Servs. v. RW and LW, et al., Law Div. (10 pp.) Trial court held that parental acquiescence and encouragement of consensual sexual relations between their 13-year-old daughter and her 19-year-old boyfriend constituted abuse and neglect of a minor child, under N.J.S.A. 9:6-8.21(c)(3) and (c)(4)(b). [Approved for publication May 31, 1994.] INSURANCE 23-2-3421 Doris Kurzman v. John Appicie, individually, and George J. Bender, Inc., App. Div. (3 pp.) Where insured claimed that defendant mishandled a life insurance policy, trial court erred in adding a provision to summary judgment order, dismissing two counts of a complaint, that it be entered as a final judgment under R. 4:42-2, since the rule does not apply to interlocutory orders. [Approved for publication May 31, 1994.] INSURANCE – AUTOMOBILES 23-2-3422 Varsavia Weitz v. Allstate Ins. Co., App. Div. (5 pp.) Where plaintiff wife, who sued her husband for injuries she sustained in an automobile accident, wanted to be covered under her husband’s excess liability policy, trial court properly dismissed wife’s claim, since the insurance policy excluded personal-injury coverage for insureds, which included the wife. INSURANCE – ENVIRONMENT 23-3-3423 Harvard Indus., Inc., et al., v. Aetna Casualty & Sur. Co., et al., Law Div. (19 pp.) Where insured sought coverage for cleaning up environmental contamination under a policy containing the “absolute pollution exclusion,” trial court held that all of the insured’s claims for injury and property damage were excluded by the absolute pollution exclusion, since the provision is not ambiguous. LABOR AND EMPLOYMENT 25-2-3424 Enrique Aldrich, M.D., et al., v. Bd. of Trustees, Jersey Shore Medical Ctr., et al., App. Div. (10 pp.) Where hospital board suspended doctors from staff privileges for 90 days for withdrawing their patients from the hospital residency program, trial judge properly affirmed board’s decision under a relaxed standard of review (if decision is supported by “sufficient reliable evidence, even though of a hearsay nature, to justify the result”), since courts should allow hospitals, as long as they proceed fairly, to run their own business. LAND USE – CIVIL PROCEDURE 26-3-3425 John M. Faulhaber III, et al. v. Township Comm. of the Township of Howell, Wal-Mart Stores, Inc., Law Div. (18 pp.) Where plaintiff land owners claimed that their rezoning objection was filed timely — within 45 days of the effective filing of the ordinance with the county planning board under N.J.S.A. 40:55D-16 — and if it was filed late the interests of justice required an enlargement of time under R. 4:69-6c, trial court dismissed the complaint for late filing, since (1) the right to institute suit begins with the notice publication advising of the ordinance adoption and (2) the enlargement of the time to file suit was not warranted. [Approved for publication May 31, 1994.] TORTS 36-3-2426 Anthony John Campione v. Adamar of New Jersey, Inc., Law Div. (21 pp.) Where plaintiff, a card counter, sued casino for alleged malicious prosecution by denying him access to blackjack games and to potential winnings, trial court held that plaintiff is entitled to damages, since the casino allowed other people at the table to play two hands at once and only allowed the plaintiff to play one, and only the Casino Control Commission has the authority to exclude people. [Approved for publication May 31, 1994.] CRIMINAL LAW AND PROCEDURE 14-2-3427 State v. Modesto Bujan and Eddy Torres, App. Div. (7 pp.) Trial court erred in dismissing indictment counts dealing with the receipt of stolen property, since a person who receives another’s property, believing that it had been stolen, is guilty under N.J.S.A. 2C:20-7a, whether or not the property actually was stolen. 14-4-3428 State in the Interest of J.S., a Juvenile, Ch. Div. (13 pp.) Chancery court held that defendant juvenile was not guilty of perjury and permitted the juvenile’s use of the retraction statutory defense, under N.J.S.A. 2C:28-1(d), with which defendant at a plea hearing before disposition retracted his false statement implicating others in a burglary. [Approved for publication May 31, 1994.]

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