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VOL. 2, NO. 205 DECISIONS RELEASED NOVEMBER 23, 1994 INSURANCE – AUTOMOBILES 23-1-4395 Unsatisfied Claim & Judgment Fund Bd., et al. v. N.J. Mfrs. Ins. Co., Supreme Ct. (33 pp.) The Fund does not have the right to receive reimbursement or subrogation from a third-party tortfeasor of personal-injury-protection benefits paid to passengers in an uninsured car that collided with an insured vehicle. [Decided Nov. 23, 1994.] [Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT – NEGLIGENCE – CONTRACTS 25-3-4396 Marguerite Brown v. United Cerebral Palsy/Atlantic & Cape May, Inc., Law Div. (10 pp.) Where in a wrongful termination suit employer filed a counterclaim for contract breach and negligence, trial court (1) dismissed part of the counterclaim, since an employer is prohibited for recouping from any employee money the employer may have to pay to a third party due to an employee’s negligence; and (2)affirmed part of the counterclaim alleging negligence, since it alleged negligence resulting in loss to the employer caused other than by third-party claims. [Approved for publication Nov. 23, 1994.][Available online in N.J. Full-Text Decisions.] LAND USE 26-2-4397 Mountain Elmwood Assocs. v. Planning Bd. of the Borough of Elmwood Park, App. Div. (13 pp.) Where land owner applied to planning board for site plan approval on one lot to make a nonconforming structure a conforming use, and for adjacent, but non-abutting lots in the same application but then sought to bifurcate the applications, planning board properly denied the applications, due to increased traffic and parking congestion, and refused to bifurcate the applications, since the lots were interdependent. OPINIONS APPROVED FOR PUBLICATION: 15-2-4349 Johnson-Shea Assocs. v. Union Valley Corp., et al. (Nov. 17, 1994); 14-2-4373 State v. Gerald Timoldi (Nov. 18, 1994); Harvester Chem. Corp. v. Aetna Casualty & Surety Co., et al. (Nov. 18, 1994); In re Petition of the Atlantic City Press Requesting Certain Files of the Casino Control Comm’n (Nov. 21, 1994); 29-2-4378 Jeffrey Fischer v. Arthur T. Canario, M.D., et al. (Nov. 21, 1994); 20-2-4386 In the Matter of A., A Minor (Nov. 22, 1994); 23-2-4387 Christine Dillard v. Hertz Claim Management, et al. (Nov. 22, 1994); 14-2-4391 State v. Christopher Crumb (Nov. 22, 1994)[All available online in N.J. Full-Text Decisions.] EDITOR’S NOTE: The Alert will _not_ be issued on Thanksgiving and on Nov. 25, 1994, and orders will _not_ be filled on Nov. 25, 1994.) [There is no Number 206. No cases on Friday Nov 25, the day after thanksgiving CRM]

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