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VOL. 2, NO. 187 DECISIONS RELEASED OCTOBER 25, 1994 CIVIL RIGHTS 46-2-4175 Thomas B. Duffy v. Rutgers Univ., et al., App. Div. (9 pp.) Claim under Law Against Discrimination that accrued prior to the Supreme Court’s holding in Montells v. Haynes, 133 N.J. 282 (1993) is governed by a six-year — not a two-year — statute of limitations, since the Montells rule is to be applied prospectively. EDUCATION – CONSTITUTIONAL LAW 16-2-4176 Harold E. Demellier, Jr. v. State Dist. Superintendent of the Jersey City State-Operated School Dist. et al., App. Div. (5 pp.) Provision of school takeover legislation, N.J.S.A. 18A:7A-48, giving current appointed board members priority during period of transition to an elected board, is constitutional since it is facially neutral and does not impinge on any fundamental right. GOVERNMENT 21-2-4177 Bureau of Regulatory Affairs v. Robert J. Zieniuk, App. Div. (10 pp.) The Commissioner of the Department of Community Affairs properly revoked an inspector’s licenses, since he lied on his license application in violation of N.J.A.C. 5:23-5.25(a)2. PRODUCT LIABILITY – CIVIL PROCEDURE 32-2-4178 Samuel Gantes, et al. v. Kason Corp., App. Div. (15 pp. incl. dissent) New Jersey trial court properly dismissed claim by Georgia chicken-processing plant employee struck and killed by a part of a machine manufactured in New Jersey, despite the bar created by Georgia’s 10-year statute of repose for product liability suits, since law of the state with interest in compensating its residents should take priority over law of state having solely a deterrence interest. TAXATION 35-2-4179 Ben and Linda G. Litton v. Millstone Township Tax Collector, App. Div. (4 pp.) Where homeowners, who received the tax bill late, challenged interest on late tax payment on grounds that the tax collector first mailed the tax bill to the old homeowner, Special Civil Part erred in requiring the homeowners to pay only half the interest, since N.J.S.A. 54:4-64 requires payment of all the interest. TORTS 36-2-4180 Theresa L. Unger and Edward Unger v. Cross Keys Skating Ctr., App. Div. (5 pp.) Where plaintiff’s counsel, in suit by skater for injuries sustained while roller skating, presented sufficient factual proofs to create a jury question, trial judge usurped the jury’s function in granting roller rink’s motion for summary judgment. CRIMINAL LAW AND PROCEDURE 14-2-4181 State v. Michael Della Rosa, App. Div. (6 pp.) Where defendant, who was arrested for promoting gambling in New York City, claimed that his probation agreement was a binding contract, trial court properly held that the agreement was void, since it lacked consideration, and was more like a behavioral tool used to secure good behavior from probationers. 14-2-4182 State v. Norman Jackson, App. Div. (6 pp.) Trial judge properly suppressed evidence seized from defendant’s right jacket pocket during a pat-down search, since the officer should have stopped the search after he realized the object was not a weapon. 14-2-4183 State v. David Williams, App. Div. (11 pp.) Trial court erred in vacating a jury verdict convicting defendant of drug possession and allowing the defendant to plead guilty to an expired plea offer, since there was no valid offer for the defendant to accept.

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