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Vol. 3, No. 33 DECISIONS ISSUED FEBRUARY 21, 1995 ADMINISTRATIVE LAW AND PROCEDURE – GOVERNMENT CONTRACTS 01-2-4993 In re: Protest of Award of On-Line Games Prod. and Operation Servs. Contract, App. Div. (46 pp.) The state treasurer’s award of contract for lottery operations system to a company is reversed because the company’s bid was nonconforming and the deviation was material and nonwaivable. CIVIL PROCEDURE – CONFLICT OF LAW 07-2-4994 Barbara Haggerty v. John Bosco Cedeno, et al., App. Div. (7 pp.) The trial court correctly applied a New York statute governing the liability of a vehicle owner, rather than the New Jersey common law rule, since New Jersey’s contact with the vehicle was fortuitous and therefore New Jersey has a weak interest in providing the protection of its rule to the vehicle’s owner, a New York corporation. CORPORATIONS/PARTNERSHIPS 12-2-4995 Murray Schuhalter, et al. v. Anthony V. Salerno, et al., App. Div. (17 pp.) Restrictive covenants in a partnership dissolution agreement are enforceable where they are reasonable, short-term and narrow in the scope, and were self-imposed by the parties in their mutual effort to preserve their professional good will; such restrictions hardly qualifiy as excessive imposition on the public’s right to choose professionals freely. DEBTOR/CREDITOR 15-2-4996 Richard J. Zoll v. Claire B. Pizzichil, App. Div. (13 pp.) Since the proceeds of a life insurance policy are exempt from execution to satisfy any alleged indebtedness of defendant unless plaintiff can show that the premium payments acted to defraud creditors, the plaintiff, by stating in his opening that he was not about to prove a fraudulent transfer, conceded that the exception was inapplicable and all restraints against the proceeds were properly vacated. EVIDENCE 19-02-4997 Homer B. Frybarger, Admr. v. County of Bergen, et al., App. Div. (9 pp.) Where a witness was named in plaintiff’s interrogatories but the plaintiff failed to amend the interrogatories to broaden the scope of the witness’s testimony, the trial judge mistakenly exercised his discretion in excluding the witness’s testimony regarding the deteriorating condition of a roadway on which plaintiff’s decedent was killed in a motorcycle accident, because there was no evidence of a plan to mislead, and the opposing party was not surprised by the proposed testimony and would not be prejudiced by its admission. FAMILY LAW 20-2-4998 Richard Jay Coyle v. Arleen Jaros Coyle, App. Div. (8 pp.) Where defendant had a witness in court whose testimony may have been critical to various issues raised in post-judgment litigation, but the witness was unavailable on any other day, the trial judge mistakenly abused his discretion in denying defendant’s continuance motion. INSURANCE 23-2-4999 Robert Green v. Selective Ins. Co. of America, App. Div. (5 pp.) The trial court was correct in dismissing plaintiff’s complaint, which sought arbitration of a claim for underinsured motorist benefits, on the ground that it violated the statute of limitations, where plaintiff accepted a settlement from defendant seven years after the accident.and only then proceeded against his own carrier for such benefits. MUNICIPAL LAW 30-2-5000 Edwin O. Jahn v. Twp. of Mahwah Zoning Bd. of Adjustment, App. Div. (8 pp.) The decision of the trial court affirming the zoning board’s denial of plaintiff’s variance application was correct because the plaintiff failed to show the required “special reasons for converting his residential-zone property to professional office use. PUBLIC LAW 33-2-5001 Bd. of Education of Newark, et al. v. N.J. Dept. of the Treasury, et al., App. Div. (17 pp.) Summary judgment was properly granted compelling the state Division of Pensions to disclose the aggregate claims dollars paid to the board’s employees for a certain school year, since these records constitute a “public record under New Jersey’s right-to-know law, N.J.S.A. 47:1A-2. TORTS 36-2-5002 Gerard S. Patire v. Raymond Maguire, et al.., App. Div. (4 pp.) Where plaintiff, a police officer who had a scuffle with a co-worker, did not know that he had a cause of action against the municipality until he hired his present counsel, who then immediately filed a motion to file a late notice of claim, the city, which prepared an incident report through its police department, was not prejudiced and the order denying the motion to file late claim is reversed. 36-2-5003 Paper Mart, Inc. v. Midlantic Nat’l Bank, App. Div. (8 pp.) Plaintiff’s complaint seeking damages for defendant’s alleged fraudulent misrepresentation concerning the credit status of a corporate customer of defendant was properly dismissed since plaintiff failed to show that it had relied on the alleged misrepresentations. CRIMINAL LAW AND PROCEDURE 14-2-5004 State of New Jersey v. Keith Williams, App. Div. (11 pp.) When the state is called upon to prove that the defendant is a second offender under the Graves Act, the clear and convincing standard should apply, and here, the state proved by clear and convincing evidence that offenses committed by defendant in 1980 involved the use or possession of a firearm. 14-2-5005 State of New Jersey v. Norbert Hake, App. Div. (16 pp.) The trial court mistakenly suppressed evidence of an oral statement made to the police by defendant since the interrogation of defendant in which the statements occurred was not custodial.

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