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VOL. 2, NO. 184 DECISIONS RELEASED OCTOBER 20, 1994 CONTRACTS 11-2-4147 WRG Assocs. v. The Great Atlantic and Pacific Tea Company, App. Div. (11 pp.) Where plaintiff landlord sued A&P for breaching a geographical restriction clause in the parties’ commercial lease, two years after A&P opened a store near landlord’s shopping center, trial court properly dismissed the complaint, since the landlord waited so long to bring suit. GOVERNMENT – TORTS 21-1-4148 Steven Civalier v. The Estate of Margaret J. Trancucci, et al., Supreme Ct. (22 pp. incl. dissent) The right to sue public entities under the Tort Claims Act, in a case involving an auto accident in an intersection with a missing stop sign, is not barred automatically by case law, since one driver relied on the missing stop sign’s existence. [Approved for publication Oct. 20, 1994.] HEALTH 22-2-4149 In the Matter of the Adoption of N.J.A.C. 10:52-5.14(d) 2 and 3, App. Div. (10 pp.) Where hospitals in Sussex and Warren counties objected to differences in the rates they are paid for Medicaid recipients compared to those paid for Newark-area hospitals, the rates are affirmed, since the hospitals did not demonstrate that they had a marginal loss in providing services at the assigned rates. INSURANCE – AUTOMOBILES 23-2-4150 Florence David-Ibeka v. Gloria C. Oguachuba, App. Div. (8 pp.) Where a passenger injured her back and neck in an automobile accident, trial court properly dismissed the complaint for failure to meet verbal-threshold criteria, since she failed to demonstrate objective credible evidence of a serious injury. REAL ESTATE – FAMILY LAW 34-2-4151 Grace Fumiko Hashimoto v. Nanako Hashimoto, App. Div. (5 pp.) Where daughter and mother both claimed title to the family home, trial court erred in awarding the house to the mother, since factual questions existed, such as the effect an earlier Japanese separation had on a later New Jersey separation. TAXATION 35-2-4152 Herman P. Weinberg v. Benjamin J. Redmond, Acting Dir., Div. of Taxation, App. Div. (5 pp.) Tax court properly dismissed plaintiff’s complaint challenging the director’s docketing of a certification of debt, since it was barred by the statute of limitations. 35-2-4153 Rollins Leasing Corp. v. Director, Div. of Taxation, App. Div. (19 pp.) Where company, which borrowed money from its corporate parent, deducted interest on certain notes payable on its business tax forms, tax court erred in disallowing the deduction, since the notes and loan agreements were assigned to a bank; thus, the company did not owe any debt to its parent company, either directly or indirectly. WRONGFUL DEATH 40-2-4154 Alejandra Icabalzeta, et al. v. Sea-Land Servs., Inc. et al., App. Div. (10 pp.) Where worker’s estate sued contractor under the Longshore and Harbor Workers Compensation Act for wrongful death, trial court erred in dismissing the complaint against the contractor, since it was negligent in allowing the workers to clean without guardrails. CRIMINAL LAW AND PROCEDURE 14-2-4155 State v. Christopher Cobb, App. Div. (6 pp.) Where on the first day of trial a local newspaper ran an article about defendant’s contempt of court, trial court properly denied a mistrial motion, since the judge properly instructed the jury not to read any articles about the case.

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