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VOL. 3, NO. 3 DECISIONS RELEASED JANUARY 5, 1995 ARBITRATION AND MEDIATION – CONTRACTS – TORTS 36-2-4659 Taylor Mills, et al. v. J. Daunoras Constr., Inc., App. Div. (9 pp.) Where bar owners, in individual capacity, sued contractor–with whom they were involved in a separate contractual arbitration proceeding–for negligently cutting down trees on their property, trial court erred in dismissing the lawsuit under the entire controversy doctrine, since the arbitration contract clause could not compel arbitration of a claim the owners did not agree to arbitrate.[Available online in N.J. Full-Text Decisions] CONTRACT – COMMERCIAL TRANSACTIONS 11-2-4660 Artic Petroleum, Inc. v. Bank of Mid-Jersey, App. Div. (8 pp.) Where company sued lender for not renewing its loan without notice, trial court properly dismissed the complaint, since the loan term was for one year, and alleged oral loan modifications were not admissible. EDUCATION 16-2-4661 Anthony Polo v. Bd. of Educ. of Bergen County Vocational/Technical School, App. Div. (5 pp.) Where teacher claimed that his tenure rights were violated when he was not assigned to one of either a plumbing or custodial teaching positions, board properly held that the teacher’s credentials — “skilled trades” and “industrial arts” — did not qualify him for either position. INSURANCE – ENVIRONMENT 23-2-4662 Gen. Accident Ins. Co. of Am. v. State of New Jersey Dep’t of Envtl. Protection, et al., App. Div. (10 pp.) Where insurer contended that it had no further duty to defend or indemnify a fuel storage business for accidental oil spill, trial court erred in holding that costs incurred in complying with DEP constituted legal obligations paid on behalf of the policyholder “as damages” even if remediation was not complete, since the policy language included remedial investigation costs.[Available online in N.J. Full-Text Decisions] INSURANCE – PHYSICIAN/PATIENT – TORTS 23-2-4663 Medical Inter Ins. Exch. of New Jersey v. Health Care Ins. Exch., App. Div. (10 pp.) Where two insurers disputed medical malpractice payment on grounds that one policy only covered a doctor’s administrative duties, for which the other policy excluded coverage, trial court erred in finding for the insurer that covered the doctor’s non-administrative duties, since the other insurer was not notified timely of the claim.[Available online in N.J. Full-Text Decisions] INSURANCE – TORTS 23-1-4664 Janice Ledley v. William Penn Life Ins. Co., et al., Supreme Ct. (20 pp.) Where insured, who on his life insurance application did not reveal his medical history, died during policy contestability period, insurer properly rescinded the policy even after the insured’s death, due to equitable fraud upon which the insured materially relied. (Decided Jan. 5, 1995.)[Available online in N.J. Full-Text Decisions] LANDLORD/TENANT – CONTRACTS 27-2-4665 James Cox v. Betty Simon, et al., App. Div. (17 pp.) Where chiropractor’s lease contained a restrictive covenant, which prohibited him from practicing within a two-mile radius for three years after the lease ended, and defendant landlord was prohibited from leasing space to another chiropractor in the same mall while plaintiff chiropractor still leased space, trial court erred in finding the covenant unenforceable, since both restrictions created mutual obligations on the parties, and the covenant was reasonable.[Available online in N.J. Full-Text Decisions] 27-2-4666 Vanguard Assocs., L.P. v. Lonza, Inc., App. Div. (10 pp.) Where landlord sued tenant for specific performance of purchase option agreement, trial judge properly held that (1) tenant properly exercised its option, which did not create a property sale contract, and (2) that landlord’s performance demand 14 months after the option was exercised was unreasonable. NEGLIGENCE – WORKERS’ COMPENSATION 31-2-4667 William Tapper v. Mark S. Pawksi, et al., App. Div. (4 pp.) Where temporary employment agency employee, while performing duties for Great Bear was injured by a Perrier worker, trial court erred in dismissing employee’s negligence claim against Perrier worker, since a factual issue existed as to whether both worked for the same parent company. CRIMINAL LAW AND PROCEDURE 14-2-4668 State v. Davionne R. Anderson, App. Div. (11 pp.) Where defendant, who was convicted of felony murder, testified at his trial, trial court properly admitted other crimes evidence, since it was admitted to impeach his credibility. 14-2-4669 State v. William Lewis Goodwin, App. Div. (5 pp.) Where defendant pled guilty to burglary, trial court properly held that defendant’s petition for post-conviction relief was time-barred, since the fact that he was in a Florida jail for two years did not excuse his tardiness. OPINIONS APPROVED FOR PUBLICATION: 40-2-4656 Gerald Del Tufo v. Township of Old Bridge, et al. (Jan. 4, 1994).[Available online in N.J. Full-Text Decisions]

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