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Vol. 3 No. 26 DECISIONS RELEASED FEBRUARY 8, 1995 CIVIL PROCEDURE 07-2-4919 Bernard and Bertha Halfond v. Bergen County, App. Div. (5 pp.) The trial court s award of counsel fees to defendants under the Frivolous Claims Act, N.J.S.A. 2A:15-59.1, in a suit challenging the county’s not disclosing the whereabouts of their detained allegedly vicious dog, was appropriate since the finding that plaintiffs continued with the suit although having been apprised of the dog’s whereabouts amply supported that they acted in bad faith. [Approved for publication Feb. 8, 1995.] CONTRACTS 11-2-4920 Vito s Towing, Inc. v. Ronald Kemp, App. Div. (6 pp.) Judgment dismissing towing company’s complaint seeking towing and storage charges against defendant car owner is reversed and remanded for a finding of the true fair market value of the car at the time of the public sale, so that the appropriate credit for such value may be applied against the charges due. DEBTOR/CREDITOR 15-2-4921 Dani Corp. v. Arlene Doviak, App. Div. (6 pp.) Where creditor failed to perfect his security interest by filing a UCC-1, and thus became an unsecured creditor in bankruptcy, he could not pursue guarantor of note for deficiency regardless of the fact that creditor reserved the right to proceed first against the guarantor, since the fact that the guarantee was termed further collateral and security in the contract could reasonably have led guarantor to believe that the creditor considered the UCC-1 financing statement as primary security. NEGLIGENCE 31-2-4922 Patrick Brett v. Great American Recreation, Inc., App. Div. (15 pp.) Trial court was correct in finding operator of a ski resort liable to injured guests who went tobogganing after slope had closed, since the New Jersey Ski Statute, N.J.S.A. 5:13-1 et seq., does not bar claims by trespassers and was not intended to supplant common law, which is that there is a higher degree of care due a trespasser when the property owned by defendant can be classified as a dangerous instrumentality. [Approved for publication Feb. 8, 1995.] TAXATION 35-5-4923 Estelle Manor City v. Harry Stern, Tax Ct. (36 pp.) Municipality correctly denied landowner s application for farmland assessment where owner had failed to establish compliance with provisions of his own woodland management plan, even though plan was approved by DEP. [Approved for publication Feb. 6, 1995.] TORTS 36-2-4924 Abdelazim A. Elshaer v. Richard Hocking, App. Div. (6 pp.) Judgment was properly entered in favor of the defendant, a councilman and planning board member, where plaintiff, a landowner whose application for a subdivision was denied by the planning board, failed to prove the elements of tortious interference with prospective economic advantage. CRIMINAL LAW AND PROCEDURE 14-1-4925 State of New Jersey v. Daniel Nwobu and State of New Jersey v. James Callender, Supreme Ct. (31 pp.) A prosecutor s decision to reject a defendant for PTI will not be overturned as an abuse of discretion if the prosecutor considers relevant and appropriate factors and the decision is not a clear error in judgment. Further, prosecution of a defendant after entry into PTI does not violate double jeopardy.

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