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Vol. 3 No. 40 Decisions Released March 2, 1995 FAMILY LAW 20-2-5061 Linda Guerra v. Ivan E. Chvisuk, App. Div. (3 pp.) In a father’s motion to terminate child support, since both Massachusetts (where the child of the marriage now resides), and New Jersey (where father now resides) both hold that emancipation is not automatically triggered at 18, the father’s contention that Connecticut law should apply because divorce was granted there is erroneous and his motion was properly denied. INSURANCE 23-3-5062 Angela Perun v. Utica Mutual Ins. Co., Law Div. (18 pp.) Plaintiff’s claims against her PIP carrier for unpaid chiropractic bills and declaratory judgment action for a payment of an annual wellness contract for weekly chiropractic maintenance was denied, since there was no evidence that the care was reasonable or necessary. [Approved for publication - Mar. 1, 1995.] 23-3-5063 Christina Bailey v. Garden State Hospitalization Plan, et al., Law Div. (12 pp.) Where a quadriplegic’s PIP carrier s policy limits would be exceeded by payment of hospital bills alone, leaving nothing left for specialized equipment and other benefits, and where the insured’s health carrier provided hospitalization coverage but not the other benefits, the court held that N.J.S.A. 11:3-37.9(c) and (d) have the effect of merging plaintiff s health policy into her more comprehensive PIP policy, thus ostensibly enlarging the policy limit so that the insured will get the full benefit of both policies. [Approved for publication - March 1, 1995.] JURISDICTION 24-2-5064 Gaspar Danese, et al. v. Frank Ginesi, et al., App. Div. (12 pp.) Where PBA moved to discipline plaintiff and plaintiff asserted that defendant could not properly serve as PBA president, since plaintiff’s assertion was never presented to the PBA Judiciary Committee or Board of Delegates for a determination, the trial judge should not have intervened since the plaintiffs had not exhausted their internal remedies. REAL PROPERTY 34-2-5065 Anchor Savings Bank, FSB v. Thomas E. Lent, et al., App. Div. (9 pp.) Mortgagee bank may sue cooperative-apartment owners for default on purchase-money mortgage loan where the collateral, i.e. the proprietary lease, was subordinate to a construction mortgage obtained to reconstruct after a fire destroyed the building and thus was valueless. CRIMINAL LAW AND PROCEDURE 14-2-5066 State of New Jersey v. Jere B. Frink, App. Div. (4 pp.) In trial of defendant charged with slashing her boyfriend’s tires and painting and defacing his car, prosecutor’s reference in his opening statement that defendant went to her ex-boyfriend s house to deface his mailbox, although a reference to other-crime evidence, was admissible to establish intent, preparation or plan. 14-2-5067 State of New Jersey v. Darleen Ann Crowley, App. Div. (7 pp.) Since the trial judge failed to relate the principles of accomplice liability to the various degrees of robbery involved in the incident, the jury could have been misled as to its options and the conviction for armed robbery is reversed. A

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