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Vol. 3, No. 45 DECISIONS RELEASED MARCH 9, 1995 ATTORNEY / CLIENT 04-2-5111 Victor Himmelwright v. Stern, Steiger, et al., App. Div. (5 pp.) Where husband was sued by his divorce attorneys for unpaid legal fees, and he countersued for malpractice alleging that the attorneys had been negligent in advising him to sign a release in favor of his wife’s attorneys, his case against his wife s attorneys for mismanagement of escrowed marital assets was barred by the entire controversy doctrine. AUTOMOBILES 05-2-5112 Nobes E. Nicholls, Jr. v. N.J. Dept. of Law & Public Safety, DMV, App. Div. (6 pp.) The state Division of Motor Vehicles correctly exercised its discretion when it rejected petitioner’s request for a hearing regarding his driver’s license suspension since there were no disputed material facts or legal issues requiring a hearing. BANKING 06-2-5113 Resolution Trust Corp. v. First Fidelity Bank, N.A., N.J., App. Div. (3 pp.) Where someone impersonated a closing attorney and thus induced the bank to draw a check to both a borrower and the attorney, the “imposter rule” was applied correctly, dismissing the issuing bank s suit against the depositary and paying banks, and the issuing bank bears the loss. CONDEMNATION 44-3-5114 214 Corp. v. Casino Reinvestment Dev. Auth., Law Div. (14 pp.) Where landowner’s tenants vacated demised premises as a result of notices received from redevelopment authority as part of the authority’s statutory relocation assistance activities, the landowner may have been deprived of the use and enjoyment of the property as of the dates the tenants left and therefore may be entitled to compensation; the determination of the appropriate date for measuring compensation, however, is an issue to be raised in the condemnation action, and not by an action for tortious interference with contractual rights. [Approved for publication Mar. 8, 1995.] [Available online in N.J. Full- Text Decisions.] CONSTRUCTION 43-2-5115 Utility & Transportation Contractors, et al. v. Cy. of Middllesex, App. Div. (5 pp.) Project labor agreement language in disputed bid specifications, although not illegally purporting to designate a particular labor organization with which plaintiffs must contract, nevertheless is inadequate because it requires plaintiffs to enter into project agreements with “appropriate” labor organizations, and gives no objective standard to define what “appropriate” means or what will be deemed acceptable as a “project agreement”; therefore, blanket dismissals of plaintiffs’ complaints in lieu of prerogative writ are reversed and order must be entered on remand enjoining the solicitation of bids in their present form. CONTRACTS 11-2-5116 Rainbow Construction v. Estate of Andrew Chrisomalis, et al., (App. Div. (5 pp.) The trial judge erred when he heard certain testimony in a collection suit, took a recess and then returned and placed on the record findings that widow was responsible for unpaid balance to contractor, then resumed trial and, at the conclusion of evidence, reserved and later issued a letter opinion changing the prior rulings and finding that estate of deceased husband was responsible for the debt, since this constitutes removal of a judgment without notice. FAMILY LAW 20-4-5117 Andrew Kozak v. Diana Kozak, Chancery Div. (9 pp.) While the rules generally provide that the court will grant oral argument requests on motions dealing with substantive and non-routine matters, the court will not permit the use of oral argument to work an “injustice” upon all concerned where husband has filed the same motions repeatedly and seeks to use the court process to intimidate the wife and the court. [Approved for publication March 8, 1995.] [Available online in N.J. Full-Text Decisions.] INSURANCE 23-2-5118 Ann Townsend v. Circle Chevrolet, et al., App. Div. (5 pp.) Where employer was in the process of changing its health carrier when plaintiff was hired, but, according to plaintiff’s testimony, repeatedly promised her coverage, on which she relied when she was diagnosed and treated for Lyme disease, there was sufficient question as to her cause of action for either promissory or equitable estoppel to survive employer s summary-judgment motion. INSURANCE – AUTOMOBILES 23-2-5119 James D. Jones, et al. v. William Walker, App. Div. (2 pp.) In a verbal threshold case, where army chaplain complained of pain in doing his daily push-ups and difficulty and pain while working on his woodworking hobby, these complaints were not sufficient to show a significant impact on his life and granting of summary judgment to defendants was proper. CRIMINAL LAW AND PROCEDURE 14-3-5120 State of New Jersey v. Michael R. Imbriani, Law Div. (22 pp.) Criminal activity committed by a judge, even though not related to the performance of his judicial duties, still constitutes a breach of the public trust, and thus, admission to the pretrial intervention program would deprecate the seriousness of the crime; his application for entry into the PTI program was properly denied. [Approved for publication March 8, 1995.] [Available online in N.J. Full-Text Decisions.] The following case was approved for publication today: P.P. v. New Jersey Department of Human Services, Division of Medical Assistance and Health Services, decided December 29, 1994. [Available online in N.J. Full-Text Decisions.] A

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