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VOL. 2, NO. 179 DECISIONS RELEASED OCTOBER 12, 1994 TAXATION 35-2-4104 In re State of New Jersey Dep’t of Community Affairs, Div. of Local Gov’t Serv., Local Finance Bd., App. Div. (5 pp.) The Department of Community Affairs erred in approving a settlement between Bayonne and landowner in which Bayonne agreed to accept title to two land parcels and a cash payment in satisfaction of municipal tax liens on landowner’s other parcels, since the agreement exceeded the settlement authority under N.J.S.A. 54:4-109 and -144. DEBTOR/CREDITOR – REAL ESTATE 15-2-4105 G.E. Capital Mortgage Servs., Inc. v. Gail Peters, et al., App. Div. (5 pp.) Where mortgagee’s bidder at sheriff’s sale of foreclosed property mistakenly interpreted a “200″ bid to be a bid of $20,000 and so stopped bidding, and the property was sold for $200, trial court properly set aside the sale, since the property value far exceeded $200. CIVIL PROCEDURE – ATTORNEY/CLIENT 07-2-4106 Christine Lopez and Maria Aviles v. Carmen Rose Lopez, et al., App. Div. (7 pp.) Where plaintiffs’ lawyers failed to properly pursue auto negligence cases, it was error to dismiss the complaints, since clients should not be punished for the lawyers’ neglect, and firm should be required to pay monetary sanctions. INSURANCE – AUTOMOBILES 23-2-4107 Brian Devereaux, et al. v. Robert C. Marter, et al., App. Div. (6 pp.) Trial court properly dismissed complaint for failure to meet verbal-threshold criteria where plaintiff, after automobile accident in which he claimed to hurt his back, missed only two days from work and entered a weight lifting contest. INSURANCE – ENVIRONMENT – JURISDICTION 23-1-4108 Waste Management, Inc. et al. v. The Admiral Ins. Co., et al., Supreme Ct. (37 pp.) Where waste disposal company sought insurance coverage from carriers which were not authorized to do business in New Jersey, in order to clean up contamination at 97 sites — 17 of them outside the state — a “territory of coverage” clause alone does not create a sufficient basis on which to rest jurisdiction in New Jersey, and this state’s “interest nexus” in resolving massive environmental coverage cases is not an independent basis for personal jurisdiction. [Approved for publication today.] LABOR/EMPLOYMENT 25-2-4109 Stanley Kaminsky v. AGF, Inc. et al., App. Div. (9 pp.) Trial court erred in granting employer’s summary judgment motion dismissing employee’s complaint for wrongful termination, since factual issues existed whether the employee manual created an implied contract. 25-2-4110 Teddy L. McCray v. Board of Review, App. Div. (8 pp.) Where truck driver, who did not take immediate action to have his driver’s license reinstated, lost his job, board erred in denying him unemployment benefits, since (1) the license was suspended through no fault of the driver, and (2) the termination was not voluntary. CRIMINAL LAW AND PROCEDURE 14-2-4111 State v. Emmitt Watson, App. Div. (7 pp.) Prosecutor’s summation remarks that no one in the courtroom except the victim “has been more deserving of justice,” although improper, did not deprive the defendant of a fair trial, since the evidence supporting the conviction was overwhelming.

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