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VOL. 2, NO. 134 DECISIONS RELEASED JULY 25, 1994 TAXATION – WILLS AND TRUSTS 35-2-3846 Leonard R. Hill, et al. v. Martin Richards, et al., App. Div. (12 pp.) Where plaintiff sued trust beneficiaries for reimbursement of income taxes owed by plaintiff under an agreement related to the distribution of the trust, trial court properly denied motion, since the tax liability was consistent with agreement terms, drafted by plaintiff’s lawyer. ATTORNEY-CLIENT – NEGLIGENCE 04-2-3847 George Dziubek, et al. v. Frederick J. Schumann and Bradford C. Liva, M.D., App. Div. (16 pp.) Trial court erred in awarding attorneys fees to plaintiffs’ counsel due to conduct of defendants’ law firm associate in connection with an aborted settlement in a wrongful death action, since the associate � not the firm’s principals — committed the wrongdoing. DEBTOR/CREDITOR – CONTRACTS 15-2-3848 Joseph C. Brady, et al v. Martin Marsh, et al., App. Div. (7 pp.) Where mortgagors sued mortgagees for breach of an alleged oral agreement to discharge and subordinate a mortgage, trial court properly dismissed the complaint, since mortgagors had failed to give mortgagees (1) a promissory note with payback language, and (2) any consideration for the discharge and subordination of the mortgage. FAMILY LAW 20-2-3849 Mary Lou Sheppard, et al. v. Carol Manning, App. Div. (9 pp.) Where the husband died after a judge pronounced a divorce judgment, but before it was formally entered, trial court erred in awarding a lump sum alimony payment which was not contained in the judgment, since the husband’s obligation to pay alimony ended when he died. INSURANCE – AUTOMOBILES 23-2-3850 Robert E. Johnson v. Patricia Mason, et al., App. Div. (4 pp.) Plaintiff erred in claiming that N.J.S.A. 39:6A-8 — which penalizes those who should have, but do not have, automobile insurance by subjecting them to the verbal threshold — applies only to the uninsured owner but not to the owner’s family members, since all family members are bound. LABOR AND EMPLOYMENT 25-2-3851 Dr. William B. Young v. Schering Corp. and Dr. Edwin S. Brokken, App. Div. (24 pp.) Where former employee sued employer under the state Conscientious Employee Protection Act for firing him supposedly for his complaints about the safety of a veterinary drug, trial court properly dismissed an amended complaint, filed 20 months after the first count of the original complaint was dismissed, since it did not relate back, and thus was time barred under the CEPA’s one-year statute-of-limitations. CRIMINAL LAW AND PROCEDURE 14-2-3852 State v. Donald Salentre Jr., App. Div. (22 pp.) Where defendant was convicted of conspiracy to receive and fence stolen property, trial judge properly rejected a negotiated plea to third-degree conspiracy, under R. 3:9-3, since the agreement was incomplete. 14-2-3853 State v. Russell E. Lerman, App. Div. (4 pp.) Where defendant was convicted of not wearing a safety belt while operating a motor vehicle, trial court properly denied a motion to dismiss the complaint on grounds that it did not allege that the defendant was detained for another violation, since the summons and complaint complied with form requirements. EDITOR’S NOTE: The Alert will not be published and orders will not be filled on Tuesday, July 26, 1994.

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