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VOL. 2, NO. 151 DECISIONS RELEASED AUGUST 23, 1994 CORRECTIONS 13-2-3941 In the Matter of Kenneth Drake v. County of Essex, et al., App. Div. (10 pp.) The detection of marijuana odor in a bathroom to which only four corrections officers and several other employees had access was sufficient to establish the “individualized reasonable suspicion” of drug use required to subject employees to drug testing. DEBTOR/CREDITOR 15-2-3942 Glenfed Financial Corp. v. Penick Corp. et al., App. Div. (20 pp.) Where defendant company, which had a revolving credit line from plaintiff lender, began to violate terms of the agreement and — after lender agreed to modify the agreement — continued to violate terms, lender had the right to accelerate the debt’s maturity date, since a lender’s exercise of its right to declare a loan in default or to forbear from taking such action is not “wrongful conduct” that would constitute economic duress. FAMILY LAW 20-4-3943 Lianna Croswell v. Tarik Shenouda, Ch. Div. (22 pp.) Where plaintiff filed a domestic violence complaint against defendant, with whom she had never resided, and terminated the pregnancy of which defendant admitted paternity, chancery court held that the terminated pregnancy does not qualify her as an a “victim of domestic violence” as having a child in common with the defendant, under N.J.S.A. 2C:25-19d. [Approved for publication August 22, 1994.] 20-2-3944 Leah Della Terza v. Estate of Richard Della Terza and Lima Della Terza, App. Div. (6 pp.) Where father died without complying with divorce judgment’s provision that he change his life insurance beneficiary to from his wife to his daughter, trial court properly held that his daughter and his son from a subsequent marriage were entitled to the policy proceeds, pursuant to the holding in Travelers Ins. Co. v. Johnson, 579 F. Supp. 1457 (D.N.J. 1984). GOVERNMENT 21-4-3945 Cherry Hill Fire Co. No. 1 et al. v. Cherry Hill Fire District No.3 et al., Ch. Div. (22 pp.) In suit by owners of fire houses to enforce lease agreements against newly formed fire district — created by town’s consolidating several fire districts — chancery court held that attempted abrogation of old districts’ lease agreements was not a proper exercise of town’s police powers, since it was not necessary for protection of the public’s health, safety and welfare. [Approved for publication August 22, 1994.] INSURANCE 23-2-3946 Reliance Ins. Co. v. Edward Tindley and Garden State Race Track, Inc. and Mark Famiglietti, App. Div. (4 pp.) Where defendant Tindley, a Garden State Race Track employee, assaulted defendant patron Famiglietti, trial court properly held that plaintiff insurer was estopped from denying coverage, since the insurer controlled the litigation and defended the suit for over three years. CRIMINAL LAW AND PROCEDURE 14-2-3947 State v. Regina Dickerson, App. Div. (7 pp.) Conviction of van passenger of first-degree cocaine possession with intent to distribute reversed, since the evidence was insufficient to prove that she had knowledge and control of the cocaine. Editor’s note: There were no decisions issued yesterday, Aug. 22, and the ALERT was not published.

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