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Vol. 3 No. 77 DECISIONS RELEASED APRIL 25, 1995 CORPORATIONS — RELIGIOUS 12-4-5493 A. Peter Ardito, et al. v. Bd. of Trustees, Our Lady of Fatima Chapel, et al., App. Div. (10 pp.) Because chapel had no affiliation with the Roman Catholic diocese, it was not part of the hierarchical church structure, and was a self-governing entity with its own bylaws, the decision of the clear majority to enter into a lease agreement (a property interest of the corporation sufficient to invoke the court’s civil jurisdiction), is affirmed. [Approved for publication April 25, 1995.] [Available online in N.J. Full-Text Decisions.] FAMILY LAW — ESTATES 20-2-5494 Arthur M. Ross v. Carol Lee Ross, App. Div. (10 pp.) Although the court had authority to order co-executor of deceased husband’s estate to pay wife’s counsel fees (incurred in attempting to compel executor to effect distribution), the facts of this case did not warrant such an order since the acrimony of the divorce and challenge to the will and trust pervaded the proceedings and co-executor’s delays until an estate attorney could be engaged were understandable. FAMILY LAW — TERMINATION OF PARENTAL RIGHTS 20-2-5495 In the Matter of the Guardianship of LMN, a Minor, App. Div. (14 pp.) The family part’s finding that the best interests of the child required severance of parental rights is supported by substantial credible evidence contained in the record where birth mother had a history of mental illness, and refused to engage in DYFS-provided support services, the birth father had a lengthy history of drug and alcohol abuse and criminal behavior, and the child had been with and bonded with her foster parents for five years. LABOR AND EMPLOYMENT 25-2-5496 Nick J. Pisciella v. Bd. of Review, et al., App. Div. (4 pp.) Since the board of review’s rules for the conduct of appeal tribunals provided for a dismissal for non-appearance absent good cause, and fair warning was given to claimant who then chose deliberately not to appear but asked the board to make a decision on the record, the board did not abuse its discretion in dismissing the appeal since no eividence was presented to upset the findings below. LANDLORD/TENANT 27-2-5497 Aspen Riverpark Apts. v. Tyrone Pritchett, App. Div. (8 pp.) Since plaintiff failed to comply with the procedural requirements of the Anti-Eviction Act in that the notices to cease (dealing with violation of landlord’s rules) did not match the allegations of the complaint (filed on the grounds of disorderly conduct), the judgment for possession must be reversed. 27-3-5498 N.C. Housing Assoc., #100 v. Elayne Hightower-Cooper, Spec. Civ. Part (10 pp.) To make out a prima facie case in a summary dispossess action, the landlord in low-income housing projects must not only prove compliance with the anti-eviction statute, but with regulations adopted by the N.J. Housing and Mortgage Finance Agency, and failure to satisfy both mandates judgment for the tenant. [Approved for publication April 25, 1995.] [Available online in N.J. Full-Text Decisions.] REAL PROPERTY 34-1-5499 Joanne Strawn, et al. v. John B. Canuso, Sr., et al., Supreme Ct. (36 pp.) A builder-developer of residential real estate or a broker representing the builder-developer is not only liable to the purchaser for affirmative and intentional misrepresentations, but is also liable for nondisclosure of offsite physical conditions known to it and unknown to and not readily observable by the buyer, if the existence of those conditions is of sufficient materiality to affect the habitability, use or enjoyment of the property. [Available online in N.J. Full-Text Decisions.] REAL PROPERTY — MORTGAGES — PARTNERSHIPS 34-2-5500 Citizens First National Bank of N.J. v. Alfred Bluh, et al., App. Div. (18 pp.) The trial judge correctly determined that bank was on notice that one partner acted in breach of his obligations to other partners in procuring mortgage in his individual capacity when he was a trustee, but the breach of trust could have been ratified or waived by the other partners and these issues should have been explored before the subject mortgage was declared void, and the foreclosure complaint dismissed. [Approved for publication April 25, 1995.] [Available online in N.J. Full-Text Decisions.] TAXATION 35-2-5501 The R.C. Maxwell Co., et al. v. Galloway Twp., et al., App. Div. (4 pp.) Final Tax Court judgment dismissing landowners’ complaint challenging municipality’s levy of an omitted assessment for billboards was proper since billboards are “ordinarily intended to be affixed permanently to real property” and are therefore taxable as real property. WORKERS’ COMPENSATION 39-2-5502 Segundo Mimbela v. Paint Corp., Inc., App. Div. (9 pp.) In holding that petitioner failed to sustain his burden of proof that his lead poisoning arose out of his employment, the compensation judge erred in requiring direct evidence that petitioner was exposed to lead while on the job, since circumstantial evidence could support an inference that petitioner’s lead poisoning was connected to his work in the painting industry. CRIMINAL LAW AND PROCEDURE 14-2-5503 State v. Hassan Cherry, et al., App. Div. (7 pp.) The trial judge erred in granting the defendant’s motion to suppress evidence since, pursuant to the automobile exception to the warrant requirement, the police conducted a reasonable search in opening a closed brown paper bag found in plain view on the floor on the passenger side of the vehicle. 14-2-5504 State v. Ulysses Vega, App. Div. (7 pp.) Defendant was denied effective assistance of counsel at his waiver hearing because no meaningful evidence, expert or otherwise, was adduced concerning his amenability to rehabilitation prior to his 19th birthday. OPINION APPROVED FOR PUBLICATION: 04-2-5131 Sherwood Baxt, et al. v. Gerald A. Liloia, et al. (March 13, 1995). [Available online in N.J. Full-Text Decisions.] -

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