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Vol. 3 No. 97 DECISIONS RELEASED MAY 24, 1995 CIVIL PROCEDURE 07-3-5705 Carol Stoughton v. B.P.O.E. #2151, et al., Law Div. (8 pp.) Since the mere presence of a third party interferes with the close communication between a psychiatric patient and the physician that is essential to the procedure’s effectiveness, there should be no outside presence, including counsel or a tape recording device, at the defense’s examination of the plaintiff. [Approved for publication May 23, 1995.] [Available online in N.J. Full-Text Decisions.] DEBTOR/CREDITOR 15-2-5706 Corestates Bank of Delaware, N.A. v. Muriel Sprock, App. Div. (6 pp.) Where wife made two payments on her deceased husband’s credit card after he died before notifying bank, and accepted a new credit card issued in her name but never filled in an application seeking credit or used the card, such evidence does not support bank’s contention that wife assumed her husband’s debt, since there was no consideration for such assumption, and judgment in favor of bank against wife for card balance is reversed. FAMILY LAW 20-2-5707 Joan Weisman v. Paul Weisman, App. Div. (6 pp.) Since trial judge failed to make fact findings regarding wife’s present and future earning capacity, matter is remanded for such findings and a redetermination of alimony. GOVERNMENT — BIDS — CONTRACTS 21-3-5708 Roy Baylinson v. Bd. of Comm’rs. of the Housing Auth. of the City of Atlantic City, Law Div. (6 pp.) In attorney’s complaint challenging public housing authority’s awarding of legal services contracts, New Jersey statute limiting contract terms to one year is not necessarily incompatible with federal law since New Jersey statute would further the goals of the federal law by providing even stricter standards for such contracts while still providing HUD with appropriate oversight; therefore the proposed two-year contract term is stricken. [Approved for publication May 23, 1995.] [Available online in N.J. Full-Text Decisions.] INSURANCE 23-2-5709 Jose R. Munoz v. N.J. Automobile Full Ins. Underwriting Assoc., App. Div. (2 pp.) Policy cancellation notice was invalid and unenforceable because it was premature and violated a legislative provision for a 15-day grace period for the cure of a default in the payment of a premium, since a cancellation notice must postdate the premium due date. [Approved for publication May 24, 1995] [Available online in N.J. Full-Text Decisions.] INSURANCE — VERBAL THRESHOLD 23-2-5710 Edward Thompson v. Minh-Thu Vo, et al., App. Div. (2 pp.) Although plaintiff contends that he was forced to discontinue karate as a result of the accident, no evidence was presented indicating that he lost time from school or his employment, and he did not show that the injury had a serious impact on his life; therefore summary judgment for the defense was proper. JURISDICTION 24-2-5711 Kubis & Perszyk Assoc., Inc., d/b/a/ Entre Computer v. Sun Microsystems, Inc., et al., App. Div. (9 pp.) The forum selection clause of dealership contract between California computer-systems supplier and New Jersey seller is valid and enforceable and the California courts must be trusted to apply New Jersey law to protect New Jersey residents who have agreed by such contract that their case will be presented to the California courts. LANDLORD/TENANT 27-2-5712 The Penn Mut. Life Ins. Co. v. Woods Corporate Plaza Assoc., et al., App. Div. (9 pp.) Where in a foreclosure action, motion judge dismissed tenant from mortgagee’s foreclosure complaint on landlord’s construction mortgage, noting that the complaint’s filing did not terminate the lease, and where such dismissal was without prejudice, it did not constitute an adjudication and tenant’s arguments that dismissal should have imposed conditions regarding estoppel in future litigation are meritless; the appeal is dismissed. NEGLIGENCE 31-2-5713 Christopher McGann v. Cable Beach Realty Investment, Ltd., et al., App. Div. (14 pp.) In a personal injury matter where student on a class trip to the Bahamas was injured in a diving accident off a rock cliff adjacent to a hotel, there was sufficient evidence for a jury question on whether hotel had exercised due care for the safety of its guests, and whether travel agent exercised due care in its responsibility acting as tour director for the students, and verdict for plaintiff is affirmed. WILLS, TRUSTS, ESTATES — GUARDIANSHIPS — COMMISSIONS 38-1-5714 In the Matter of Herbert Reutlinger, Supreme Ct. (17 pp.) Since termination commissions are calculated on the basis of a corpus that includes real estate and other property left unsold at the termination of a guardianship, the guardian in this case shall receive a termination commission of two percent of the estate at the time of appointment, including the value of the house left unsold at the time of the ward’s death. [Available online in N.J. Full-Text Decisions.] WORKERS’ COMPENSATION 39-2-5715 Ronald Perrelli, Sr. v. City of North Wildwood, App. Div. (3 pp.) Compensation judge’s decision denying petitioner permanent disability benefits for two cardiovascular episodes allegedly occurring at work was proper since a review of the record reveals that petitioner s present disability is the result of the progression of his long-standing coronary artery disease, not his employment, and the episodes at work were symptoms of that disease, not the cause or aggravating factor.

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