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Vol. 3 No. 74 DECISIONS RELEASED APRIL 20, 1995 ADMINISTRATIVE LAW AND PROCEDURE — DISCRIMINATION 01-2-5455 State-Operated School District of Jersey City v. Dorothy Howard, App. Div. (7 pp.) Removal of tenured teacher, a rehabilitated alcoholic, violated the protections of the Law Against Discrimination, since merely affording her an opportunity for rehabilitation, without the implicit opportunity to return to her job, did not constitute the required reasonable accomodation under the act. ATTORNEY/CLIENT 04-2-5456 Petra Mateo v. Manolin Mateo, et al., App. Div. (9 pp.) Since attorney, who had himself relieved from representing plaintiff in personal injury case, failed to give either the pre-action notice requirement or to file a complaint demanding payment of attorney’s fees, his subsequent establishment of a lien for those fees (on a motion) is faulty, and the order entered restraining plaintiff’s request for fee arbitration from proceeding is reversed. [Approved for publication April 20, 1995.] [Available online in N.J. Full-Text.] FAMILY LAW 20-2-5457 Elise Harrington v. Kevin Harrington, App. Div. (12 pp.) Where there was substantial dispute about whether an oral property settlement agreement was reached during a settlement conference, the trial judge’s factual determination, made without holding a plenary hearing, that there was such agreement, and his incorporation of such agreement in judgment of divorce, was erroneous, and case is remanded for such a hearing. [Approved for publication April 20, 1995.] [Available online in N.J. Full-Text.] 20-2-5458 Carla Maria Gleason v. Mark Gleason, App. Div. (4 pp.) Where judge acknowledged that wife had shown a change of circumstances in her application for increased child support, but then noted that the wife had never presented proof concerning her present income and denied her request to re-open the case to offer such proof, he erred and case is remanded for further proceedings in accordance with child support guidelines. 20-2-5459 Fatma Sawwan v. Adnan Mohammed Sawwan, App. Div. (4 pp.) Where defendant had attempted, through prior counsel, to participate in divorce proceedings, but, through their negligence, did not and had a default divorce judgment entered against him, and where his third attorney also tried to help him have the judgment vacated and participate in discovery, there was no justification for the judge to summarily deny, with prejudice, defendant’s motion to vacate the default judgment and the matter is remanded for reconsideration and further discovery. INSURANCE — VERBAL THRESHOLD 23-2-5460 Elizabeth Anne Beaugard v. Christina Johnson, et al., App. Div. (9 pp.) The motion judge erred in concluding that plaintiff (a bus passenger) was subject to the verbal threshold since, although she qualified as an immediate member of a named insured’s household, she did not qualify for PIP benefits since she was an occupant of a commercial vehicle. [Approved for publication April 20, 1995.] [Available online in N.J. Full-Text.] PHYSICIAN/PATIENT 29-2-5461 Mark Kelly v. Joseph M. Strauch, M.D., et al., App. Div. (11 pp.) The trial judge did not err in submitting the case to the jury on the limited liability issue of whether the physician had applied a certain caustic medication to patient internally, since that was the sole issue on which plaintiff based his case. REAL PROPERTY — CONDOMINIUM FEES — FINES AND PENALTIES 34-4-5462 Arlene Holbert v. Great Gorge Village South Condo. Council, Inc., et al., Chancery Div. (8 pp.) The Condominium Act does not permit a condominium association to levy fines or impose penalties or late fees for the failure to pay common expenses, so summary judgment is granted in favor of the condominium association against unit owner for the amount of unpaid common expenses, together with interest and attorney fees (which are allowable), but not for the requested fines, penalties and late fees. [Approved for publication April 20, 1995.] [Available online in N.J. Full-Text.] REAL PROPERTY — TAX SALES 34-4-5463 Mary Ann Brinkley v. Western World, Inc., et al., Chancery Div. (10 pp.) Where tax sale certificates purchased by plaintiff were set aside due to a subsequent resolution of underlying appeal of assessment between municipality and landowners, plaintiff was entitled to interest at the post-judgment rate allowed by R. 4:42-11(a), not at the 18 percent rate she would have received had the certificates been redeemed. [Approved for publication April 20, 1995.] [Available online in N.J. Full-Text.] CRIMINAL LAW AND PROCEDURE 14-1-5464 State v. Joseph Leon Haliski, Supreme Ct. (44 pp.) (1) A second Graves Act offender may be sentenced to a mandatory extended term of imprisonment while the first Graves Act conviction is either pending on appeal or the time to appeal that conviction has not yet expired. (2) A defendant may have his or her sentence increased following affirmance of the first Graves Act conviction without violating principles of fundamental fairness. [Available online in N.J. Full-Text.] ADDITIONAL OPINION APPROVED FOR PUBLICATION: 14-2-5454 State v. Ervan Cribb (April 19, 1995). - A

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