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VOL. 2, NO. 195 DECISIONS RELEASED NOVEMBER 4, 1994 DEBTOR/CREDITOR – INSURANCE – CONTRACTS – NEGLIGENCE 15-2-4262 Ruby Cromartie, et al. v. Carteret Savings & Loan and Allstate Ins. Co., App. Div. (26 pp.) Where mortgagee stopped paying premiums on hazard policies, which had been included in mortgage payments, for mortgagors’ house that was destroyed by fire, trial court properly held that the mortgagee breached the mortgage contract, but erred in holding that the mortgagors were entitled to damages for mortgagee’s failure to preserve the fire-damaged property from foreclosure based on Housing and Urban Development regulations, 12 U.S.C. 1709 and 24 C.F.R. Section 203.377, since the regulations do not apply to the mortgagee but to the Federal Housing Administration. ENVIRONMENT 17-2-4263 In the Matter of the Adoption of N.J.A.C. 7:1K, App. Div. (9 pp.) Where the Chemical Industry Council challenged the DEP regulations adopted to implement the state Pollution Prevention Act, on grounds that the regulation exceeded the act, the regulations are upheld, since they comply with the Act. INSURANCE – AUTOMOBILES 23-2-4264 Stephanie J. Davis and Keith Davis v. Veronica Brewington, App. Div. (8 pp.) Where plaintiff injured her back in an auto accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since plaintiff submitted enough evidence to raise factual issues as to whether she suffered from a type 6, 7, or 8 injury. 23-2-4265 Nancy Strube v. Travelers Indem Co. of Ill., et al., App. Div. (14 pp. incl. dissent) Where employee, who was injured in an auto accident while driving her employer’s leased tow truck, sued her employer’s insurer and agent for failing to advise the employer about additional underinsured motorist coverage, trial court properly dismissed the complaint against all defendants, since they are immune from suit under N.J.S.A. 17:28-1.9a, which applies to policies issued prior to its effective date, June 29, 1993. LAND USE – CONDEMNATION 26-2-4266 41 Maple Assocs. v. Common Council of the City of Summit and the City of Summit, App. Div. (10 pp.) Where landowners’ construction permit to build near a shopping district was denied, even after variances were approved, because of a parking ordinance that served as a building moratorium, trial court properly dismissed landowners’ action for inverse condemnation based on an alleged illegal moratorium, since landowners first should have appealed to the county construction board before filing the Superior Court action. [Approved for publication Oct. 24, 1994.] TORTS 36-2-4267 Linda Federici v. Father William Carton and Father Edward Sullivan, et al., App. Div. (4 pp.) Where plaintiff slipped and fell on ice on a public sidewalk in front of a Catholic sanctuary, trial court properly dismissed claims against the priests individually, since the sanctuary is analogous to residential property, where there is no duty to clear ice and snow from a public sidewalk. WORKERS’ COMPENSATION 39-2-4268 Anna Ulbrich v. Modern Health Affiliates, App. Div. (4 pp.) Where employee injured her back and right hand when she fell on the job, workers’ compensation judge properly awarded her 18 and 5/7 weeks additional temporary compensation, since the decision was supported by credible evidence in the record. CRIMINAL LAW AND PROCEDURE 14-2-4269 State v. Edwin Benitez, App. Div. (15 pp.) Where defendant was convicted of cocaine possession, trial court properly admitted into evidence the police officer’s testimony about the reasons why he went to the surveillance location, since the hearsay rule is not violated when an officer testifies about going to a crime scene based upon information received. 14-2-4270 State v. Edward Ingram, App. Div. (4 pp.) Where defendant was convicted of first-degree robbery, trial court properly admitted testimony of officer about statements of a tenant of an apartment building that defendant entered, since the testimony was not offered to prove defendant’s guilt. ALSO APPROVED FOR PUBLICATION: 17-2-3963 In the Matter of Passaic County Health Dep’t CEHA Certification and Delegation of Auth. (Nov. 1, 1994)

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