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VOL. 2, NO. 164 DECISIONS RELEASED SEPTEMBER 21, 1994 CIVIL PROCEDURE – INSURANCE – AUTOMOBILES 07-3-4009 Maria Fargas v. Janet Gorham, et al., Law Div. (6 pp.) Where defense counsel relied on interrogatory answer provided by a representative of defendant’s insurer to defeat plaintiff’s summary judgment motion, trial court instead granted the motion, since interrogatory answers will not be used to defeat a summary judgment motion where the interrogatories were answered without input from defendant. [Approved for publication Sept. 20, 1994.] INSURANCE – AUTOMOBILES 23-2-4010 Howard T. Johnson, et al. v. Cherie G. Parker, App. Div. (3 pp.) Where plaintiff’s back was injured in an automobile accident, trial court properly dismissed the complaint, since medical records and doctor’s report did not demonstrate that the accident caused the injury. REAL ESTATE – TORTS 34-3-4011 Warren Abrahamsen, et al. v. Laurel Gardens Ltd. Partnership, et al., Law Div. (19 pp.) Where co-op owners claimed that developers, bank, and the bank’s wholly owned subsidiary knowingly underestimated real estate taxes in violation of the state Planned Real Estate Development Full Disclosure Act in the co-op offering statement, trial court dismissed the complaint against the bank and its subsidiary, since both parties, acting as lenders, had no financial interest in the developers’ actions, and no control over the developers under N.J.S.A. 45:22A-37. [Approved for publication Sept. 20, 1994.]

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