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Vol. 3 No. 81 DECISIONS RELEASED MAY 1, 1995 FAMILY LAW 20-2-5524 Y.H.P. v. S.A.U., App. Div. (3 pp.) Where ex-wife orally communicated to court personnel that she consented to the discharge of restraining order against ex-husband, such consent, together with the court’s file and husband’s sworn explanation of the background of his motion to discharge the restraint, were sufficient to authorize the judge to dissolve the original order including such restraints. 20-2-5525 Julia Milagros Delgado Ramirez v. Hector Eduardo Ramirez Fernandez, App. Div. (15 pp.) Where the combined net income of the parties exceeds $52,000, as here, the judge was obligated by N.J.S.A. 2A:34-23(a)(3) to consider all sources of income and assets of each parent on wife’s application for increased child support, and his limiting his consideration of husband’s support obligation solely to his salary was error. INSURANCE 23-2-5526 State Farm Mutual Automobile Ins. Co. v. Kimberly Schaeffer, et al., App. Div. (6 pp.) Since there were factual questions as to whether the policy owner had consented to his son’s use of son’s girlfriend’s vehicle and whether the son’s vehicle was out of use due to breakdown or need for repair, thus necessitating the use of the girlfriend’s car, the motion judge erred in granting injured girlfriend summary judgment and holding that her vehicle was a “temporary substitute vehicle” under the terms of the underinsured benefits of the boyfriend’s father’s policy. LAND USE 26-2-5527 Dwain Asplint v. Zoning Bd. of Adjustment of the Borough of Dumont, App. Div. (7 pp.) Zoning Board’s denial of plaintiff’s use variance application was sustainable and law division judge erred in reversing the denial, since plaintiff clearly violated the ordinance prohibiting dual use (business and residential) by storing landscaping equipment in house where his employees resided, and plaintiff failed to show hardship to overcome the ordinance. 26-2-5528 William McHale, et al. v. Zoning Bd. of Adjustment of the Borough of Dumont, App. Div. (9 pp.) Where landowner had applied for both a use variance (to allow both business and residential use on premises despite ordinance which prohibited such dual use) and bulk variance (for outdoor storage of equipment), the board erred in ruling on the application as a whole and, since the commercial use was permitted in the zone, the Board did not focus on the correct considerations in denying the variance and the matter must be remanded to the Board for further resolution. NEGLIGENCE 31-2-5529 Joseph D’Alessandro, Sr., et al. v. Cosmo A. Giovinazzi, et al., App. Div. (8 pp.) Where contractor voluntarily undertook upon itself the duty to wrap fire hydrants in burlap to indicate to fire department that they were not yet hooked up, the trial court was correct in finding that contractor had not breached any duty owed to third party landowners (whose property was substantially destroyed by a fire) since the landowners failed to prove that contractor’s actions had increased the risk of harm that befell property or that landowners had relied on the contractor’s undertaking. WORKERS’ COMPENSATION 39-2-5530 Loyse Corbin v. State of N.J., Dept. of Human Services, Vineland State School, App. Div. (5 pp.) The judge correctly dismissed petitioner’s second application for review and modification of her formal award (for back injuries) for failure to prove that an increase in her disability due to knee problems was causally connected to her work related accident.

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