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VOL. 2, NO. 168 DECISIONS RELEASED SEPTEMBER 27, 1994 ENVIRONMENT 17-2-4021 In the Matter of EEA III, L.P., Permit I.D. No 10095-MFO, App. Div. (15 pp.) Where area residents challenged the DEPE’s issuance of an air pollution control permit for the construction of a cogeneration facility, on grounds of noncompliance with 1990 Clean Air Act Amendments, DEPE properly approved the permit, since it was properly grandfathered from the 1990 amendments, under a savings clause in the Act and in DEPE regulations. EVIDENCE – CRIMINAL LAW AND PROCEDURE 19-2-4022 State v. Fred L. Hargrove, App. Div. (6 pp.) Where defendant was convicted of cocaine possession with intent to distribute, trial judge properly let investigator testify about children’s statements, under the excited-utterance exception to the hearsay rule, N.J.R.E. 803(c)(1), even though the children were incompetent to testify at trial. EVIDENCE – INSURANCE 19-2-4023 Ethel M. Schuler, et al. v. Township of East Hanover v. Dearborn Life Ins. Co., App. Div. (5 pp.) Where wife of police chief, who was retired when he died, claimed that she was entitled to life-insurance benefits, based on an unsubstantiated oral agreement between the chief and the town that he would receive insurance benefits after he retired, trial court erred in admitting the wife’s statements into evidence, contrary to N.J.R.E. 602, since there was no proof that the statements were based on her personal knowledge. LANDLORD/TENANT – CONTRACT 27-2-4024 The Goodyear Tire and Rubber Co. v. Kin Properties, Inc., et al., App. Div. (15 pp.) Despite fact that tenant’s notice of intention to renew lease was given earlier than the window prescribed in the lease and was not sent by registered mail as the lease required, trial court properly held that the tenant effectively renewed the lease, since the landlords (1) knew that the lease would be renewed, and (2) were not disadvantaged by the premature renewal. [Approved for publication Sept. 27, 1994.] PHYSICIAN/PATIENT – CIVIL PROCEDURE 29-2-4025 Joseph V. DiTrolio v. Leonard Antiles, et al., App. Div. (46 pp. incl. dissent and concurrence) Where doctor sued hospital’s credential committee for misleading others so that he would not be reappointed to the hospital staff, trial judge erred in dismissing the complaint under the entire controversy doctrine, since suit involved different issues than an earlier case in which the doctor sought review of the hospital’s appointment procedures as applied to him. [Approved for publication Sept. 27, 1994.] -

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