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Vol. 3 No. 61 DECISIONS RELEASED MARCH 31, 1995 ADMINISTRATIVE LAW AND PROCEDURE 01-2-5295 In the Matter of the Adoption of an Amendment … by the N.J. Bd. of Dentistry, App. Div. (16 pp.) The adoption of an amendment to the State Board of Dentistry rule which raised the biennial dental licenses renewal fee is reversed and remanded so that the N.J. Dental Association may have access to data supporting the estimated expenses and the basis for the projected income and expenses to justify the increase. 01-2-5296 Carmen Fleetwood v. Dorf Feature Service, et al., App. Div. (4 pp.) Plaintiff’s Superior Court discrimination complaint was improperly dismissed on the grounds that she had elected an administrative remedy by filing a complaint with the Division of Civil Rights, since there is no irreversible election under the N.J. Law Against Discrimination until final disposition is reached in a particular forum. ATTORNEY/CLIENT — DISCIPLINARY PROCEEDINGS 04-1-5297 In the Matter of Salvatore Principato, Supreme Ct. (13 pp.) Although attorney had a previously unblemished record and simple assault on former client (and ex-lover) was an isolated incident, unrelated to his practice, attorney’s assault conviction is clear and convincing evidence of his violation of professional conduct rules and, in light of strong public policy against domestic violence, public reprimand is mandated; in the future, an attorney convicted of an act of domestic violence ordinarily will be suspended. [Available online in N.J. Full-Text Decisions.] 04-1-5298 In the Matter of Lawrence G. Magid, Supreme Ct. (11 pp.) Attorney’s conviction of disorderly persons offense of simple assault in a domestic violence setting is clear and convincing evidence of his violation of ethical conduct rules and a public reprimand is necessitated; in the future, an attorney convicted of an act of domestic violence ordinarily will be suspended. [Available online in N.J. Full-Text Decisions.] BANKING 06-2-5299 Valley Hospital v. Gerald F. Juliano, et al.; Nationwide Adj. Corp., et al. v. Midlantic Nat’l Bank, et al., App. Div. (9 pp.) In a case where bank was sued for paying checks on forged endorsements, motion judge erred in granting partial summary judgment to bank on counterclaim against collection service personnel who allegedly participated in the scheme, on the theory that they were liable to bank under the broad interpretation of personal guarantees, because ambiguities in guarantees must be construed against bank, and therefore the narrow interpretation that guarantees were only intended to secure advances on credit lines should be applied. [Available online in N.J. Full-Text Decisions.] 06-2-5300 Robert D.C. Serafine v. Constellation Bancorp, et al., App. Div. (6 pp.) Judgment was properly entered against bank officer in favor of bank on officer s action for damages arising out of bank s instruction to officer not to sell his stock, since there was ample evidence that officer was an insider and, as such, was properly told that he could not sell his stock during merger. CIVIL PROCEDURE 07-2-5301 Lyn-Anna Properties, et al. v. Harborview Dev. Corp., et al., App. Div. (7 pp.) Trial judge did not err in denying defendants’ motion for a jury trial on their counterclaim since the allegations in the counterclaim were ancillary to the claims in the complaint asserted by plaintiffs and were therefore subject to the inherent jurisdiction of the Chancery Division to try ancillary claims without a jury. FAMILY LAW 20-2-5302 Roseanne DeVane v. Donald DeVane, App. Div. (6 pp.) The court should apply all the factors guiding equitable distribution of assets to lottery winnings to arrive at an appropriate distribution decision based on the unique needs of the parties, and the trial judge here did not abuse her discretion either in ruling that the winnings be equally distributed between the husband and wife or that the unemployed husband’s share be put in trust. [Available online in N.J. Full-Text Decisions.] 20-2-5303 Linda B. Kline (now Benjamin) v. Norman L. Kline, App. Div. (6 pp.) On husband s application for post-divorce relief based on his ex-wife’s cohabitation with her boyfriend, the judge erred in denying discovery and a plenary hearing, and the matter must be remanded for findings based upon the parties’ current financial situations. INSURANCE 23-2-5304 Concetta Marotta v. N.J.A.F.I.U.A., et al., App. Div. (11 pp.) Although a hearing must be held to determine whether the insurer is entitled to retroactively void its policy, this determination will only affect the amount of coverage available to the injured party, and the insurer owes an obligation to provide indemnity to the insured against the injured parties’ claims equivalent to state compulsory insurance law. [Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT 25-2-5305 Thomas J. Meehan v. Bd. of Review, et al., App. Div. (6 pp.) Court determined that employee, who resigned gracefully in the face of probable discharge with the intent to protect his work record, was involuntarily separated from work and is entitled to unemployment compensation benefits. LANDLORD/TENANT 27-2-5306 Farmstead Estates v. Carmela Chislett, et al., App. Div. (14 pp.) In a case involving tenant’s habitually late rent payment, where landlord and tenant entered into a settlement agreement and tenant promised to pay all future rents in a timely fashion, the judge properly vacated the warrant for removal obtained by the landlord when tenant was late with one payment under the agreement, since the noncompliance was beyond her control and quickly remedied, and she had substantially complied with the agreement. NEGLIGENCE 31-2-5307 Adolph Schulz, et al. v. Valerie Vayo, et al., App. Div. (6 pp.) Since defendant knew that her boyfriend’s driver’s license had been revoked and told him he could not use her car, and he had not previously violated that trust, defendant had no reason to foresee that the boyfriend would become intoxicated and take the car on the night of the accident with plaintiff and therefore plaintiff failed to make out a prima facie case of negligent entrustment of the motor vehicle. WORKERS’ COMPENSATION 39-2-5308 Ed Rogers v. Gold Star Express, Inc., et al., App. Div. (5 pp.) The trial judge erred in dismissing plaintiff’s personal injury action against his former employer (which did not have workers’ compensation insurance) on the basis that workers’ compensation was his sole remedy, since N.J.S.A. 34:15-120.9 created a statutory cause of action to redress an employer’s failure to provide such insurance, and the fact that plaintiff did not specifically plead this statute does not mean that his complaint could not have been revised to make a more definite statement of his claim. CRIMINAL LAW AND PROCEDURE 14-2-5309 State of New Jersey v. Luh Yeong Yang, App. Div. (21 pp.) Since the trial court erroneously failed to charge the jury on causation and failed to provide the jury with complete and legally accurate answers to its questions, the defedant’s conviction is reversed. -

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