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VOL. 2, NO. 140 DECISIONS RELEASED AUGUST 3, 1994 FAMILY LAW 20-2-3891 F.D. and K.I.D., et al. v. A.S. and R.S., App. Div. (4 pp.) Where child’s parents sued grandfather for sexually assaulting the child and sued grandmother for not stopping the assaults, trial court erred in dismissing the complaint against the grandmother, since factual questions existed regarding whether the grandmother knew about the assaults. INSURANCE – ARBITRATION AND MEDIATION 23-2-3892 Herbert Ruben v. State Farm Fire & Casualty Co., App. Div. (5 pp.) Where homeowner, whose property had been damaged by a contractor during renovations, received an arbitration award, for which contractor’s insurer claimed it received no notice, trial judge erred in dismissing the homeowner’s complaint against insurer on grounds that it was prejudiced by the lack of notice, since a plenary hearing is necessary to resolve factual issues. TORTS – GOVERNMENT 36-1-3893 Joan H. Feinberg v. State of New Jersey, New Jersey Dep’t of Envtl. Protection and Energy, Supreme Ct. (16 pp.) Where attorney–who represented a man whose property was damaged when the Delaware and Raritan Canal overflowed–timely served tort-claim notices on New Jersey through the Attorney General’s Office, the DEPE and the canal commission, and the attorney did not find out until after the time had expired for filing under the tort claims act notice that the canal was leased to the state Water Supply Authority, the Court held that the authority was properly served when timely notice was served on the other government agencies. CRIMINAL LAW AND PROCEDURE 14-2-3894 State v. Yusef Shaheed, App. Div. (10 pp.) Where defendant pled guilty to murder and numerous other crimes on the condition that his sentence would be reduced if he cooperated with police, trial court properly denied a post-conviction relief motion for a reduced sentence, since the petition was time-barred, because defendant’s claim ripened when all the co- defendants’ prosecutions were concluded, which had been five years before the petition was filed.

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