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VOL. 2, NO. 202 DECISIONS RELEASED NOVEMBER 17, 1994 TAXATION – REAL ESTATE 35-4-4346 Reginald Reaves, Sr. v. Egg Harbor Township, et al., Ch. Div. (8 pp.) Where former house owners sought to vacate 1977 tax foreclosure judgment on grounds that they did not receive adequate notice of foreclosure action, chancery court dismissed the complaint, since a 15-year delay bars the claim, and current owners are bona fide purchasers for value. [Approved for publication Nov. 15, 1994.][Available online in N.J. Full Text Decisions.] CIVIL PROCEDURE – INSURANCE – AUTOMOBILES 23-1-4347 Susan L. Molnar v. Douglas M. Hedden, Supreme Ct. (15 pp.) In a suit over injuries sustained in a car accident, trial court properly denied defense counsel’s motion to amend the answer to assert a counterclaim, since it was filed beyond the two-year statute of limitations. [Decided Nov. 17, 1994.][Available online in N.J. Full Text Decisions.] CONTRACTS 11-2-4348 Frank J. Keenan v. Michael L. and Kathyrn A. McVay, App. Div. (3 pp.) Where homeowners did not know about a mechanic’s lien on their home filed by contractor until they tried to sell the house to a third party, trial court properly dismissed the lien, since the lien was not enforced within four months from the date the last labor and materials were furnished, under N.J.S.A. 2A:44-98. DEBTOR/CREDITOR 15-2-4349 Johnson-Shea Assocs. v. Union Valley Corp., et al., App. Div. (8 pp.) Where a junior lienholder appealed from denial of its claim to a priority based upon a subordination clause in plaintiff lienholder’s primary wraparound mortgage, trial court properly denied the claim, since none of the junior lienholder’s mortgages were “development mortgages” within the meaning of the wraparound mortgage.[Approved for publication Nov. 17, 1994][Available online in N.J. Full Text Decisions.] FAMILY LAW 20-2-4350 Ronald E. Blum v. Shere Blum, App. Div. (5 pp.) Where wife sued to have husband pay for part of college expenses of child, who became a New Jersey resident in 1988, after the couple’s Delaware divorce, trial court erred in denying wife’s request and declaring the child emancipated, since the child is clearly an unemancipated adult under New Jersey law. 20-2-4351 Mary Delade v. Michael Delade, App. Div. (4 pp.) Where unemployed husband claimed that his request for a child-support reduction should have been resolved at a plenary hearing rather than on the basis of affidavits, trial court properly relied on the affidavits and denied reduction, since husband’s motion was a fraud on the court, and temporary unemployment is not a sufficient basis for obtaining a reduction. 20-4-4352 George J. Tweedley, Jr. v. Sharon L. Tweedley, Ch. Div. (11 pp.) Where, in a divorce action, wife requested a jury trial for marital tort claims, chancery court held that there is a right to a jury trial on the tort claims. [Approved for publication Nov. 15, 1994.][Available online in N.J. Full Text Decisions.] INSURANCE – AUTOMOBILES 23-2-4353 Joseph M. Burke v. Otto V. Freund, Jr., et al., App. Div. (3 pp.) Where plaintiff’s back was injured in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since the medical reports submitted did not support doctors’ conclusions that the injuries were causally related. 23-2-4354 Marie Charlot v. Joanes Filsaime, et al., App. Div. (4 pp.) Where plaintiff, who did not have her own car insurance nor did she live with an immediate family member who owned an automobile, was injured in a car accident, trial court properly held that she was subject to the verbal threshold, since the law at the time of the accident�not the complaint filing date–applied; if the filing date was used, the verbal threshold would not have applied. 23-3-4355 Rebecca Newman, et al. v. Charles Cappello and Walter Newman, Jr., Law Div. (5 pp.) Where plaintiff passenger was injured when a second car intentionally collided with the car she was in, trial court held that the defendant driver of the second car is not entitled to use the verbal threshold as a defense, since N.J.S.A. 39:6A-7(2) permits an insurer to exclude an insured who acts intentionally from PIP benefits under N.J.S.A. 39:6A-4 & 10. [Approved for publication Nov. 15, 1994.][Available online in N.J. Full Text Decisions.] LAND USE 26-2-4356 County of Ocean v. Northeast Mall, et al., App. Div. (8 pp.) Where mall appealed from county’s condemnation proceeding, trial court properly excluded evidence of maps and appraisals of potential subdivisions, since the evidence would confuse the jury and the plans were speculative. TORTS 36-3-4357 New Jersey Transit Rail Operations, Inc. v. North Jersey Cleaning Serv., Inc., Law Div. (7 pp.) Where railroad’s motion to join station cleaning service in a suit was denied–which was brought by a patron who was injured when she fell on loose cement–trial court held that the entire controversy doctrine does not prohibit the filing of a subsequent suit against the service, since the purpose of the doctrine, fairness to the parties, would be undermined if the railroad was barred from bringing the indemnity action. [Approved for publication Nov. 15, 1994.][Available online in N.J. Full Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4358 State v. Charles E. Haines, App. Div. (4 pp.) Where defendant, who was convicted of first-degree aggravated sexual assault, claimed that in sentencing a trial judge should not have considered an earlier New York sexual-misconduct conviction on grounds that the New York offense is not similar to the New Jersey crime, trial court properly held that defendant was a second-time offender, since both crimes are equivalent. 14-3-4359 State v. Jeffrey Kline, Law Div. (7 pp.) Where defendant was indicted for “absconding from parole” under N.J.S.A. 2C:29-5b, trial court granted a motion to dismiss the indictment, since defendant cannot be charged with an offense that was not a crime when he fled the state which would be an ex post facto application of the law. [Approved for publication Nov. 15, 1994.][Available online in N.J. Full Text Decisions.] 14-2-4360 State v. Alberto Sanchez, App. Div. (7 pp.) Where defendant, who was convicted of cocaine possession, claimed that officers’ search of a nearby garage from which defendant obtained drugs was unconstitutional, trial court properly denied suppression motion, since the search was incident to a valid arrest. 14-2-4361 State v. Lee Joseph Rowley, App. Div. (13 pp.) Where defendant was convicted of criminal sexual contact, trial court properly denied a motion to dismiss the indictment, since the state submitted sufficient evidence of physical force. NOTE: The following opinions have been approved for publication: 07-2-4333 Cardell, Inc. v. Andrew Piscatelli (Nov. 16, 1994); 07-2-4332 Lillian DiMura v. Andrew Knapik (Nov. 16, 1994); 20-2-4334 Thomas McCown v. Patricia McCown (Nov. 16, 1994); 14-2-4343 State v. Robert Marquez (Nov. 16, 1994); 23-2-4284 Minnie Randall v. State of New Jersey, et al. (Nov. 17, 1994); Robert J. Del Tufo, Attorney Gen. of New Jersey, et al. v. Wilfredo Manon-Rossi (Nov. 17, 1990); 13-2-4301 Derrick Hardwick v. William H. Fauver, Comm’r of Dep’t of Corrections (Nov. 17, 1994); 40-2-4294 Iris Rodriguez v. Liliann Luciano, et al. (Nov. 17, 1994); 14-2-4311 State v. Leo R. Jones (Nov. 17, 1994); State v. Barry Miller (Nov. 17, 1994); State v. Michael S. Keating (Nov. 17, 1994); and 26-2-4322 Joseph Villari and SJ Villari Livestock v. The Zoning Bd. of Adjustment of Deptford, et al. (Nov. 17, 1994).[All are available online in N.J. Full Text Decisions.]

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