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Vol. 3 No. 220 Decisions Released Nov. 20, 1995 STATE COURT CASES CIVIL PROCEDURE — EXCUSABLE NEGLECT 07-2-7072 Practice Management Assocs. Inc. v. Alexander J. Kishyk, App. Div. (4 pp.) Under some circumstances, the lack of excusable neglect is not necessarily dispositive and, while the defendant’s excuse for late filing of his answer is questionable, since he raises some substantial defenses, a default judgment against him should have been vacated. CONSTRUCTION — JUDGMENTS 43-2-7073 Kevin Wrigley v. Tony Gomes Constr. Co., et al., App. Div. (6 pp.) The trial judge had the authority to entertain plaintiff’s motion under R. 4:50-1(f) — to amend judgment to name corporate entity and defendant contractor individually — since the judgment is meaningless without the requested relief, and, under the circumstances of this case, since contractor signed agreement using trade name, amended the agreement using a corporate name, and filed suit using another name, the original order was ambiguous. CONSUMER PROTECTION — SALVAGE AUTOMOBILES 09-2-7074 Jose A. Ledesma v. Sayed A. Aly, etc., App. Div. (8 pp.) Since the trial judge erroneously interpreted the Salvage Certificate of Title Act, and since there were material questions in dispute regarding whether plaintiff knew that he was acquiring a salvage vehicle, summary judgment for plaintiff is reversed. INSURANCE — VERBAL THRESHOLD 23-2-7075 Beth A. Korshalla v. Rita M. Patel, et al., App. Div. (6 pp.) The slight evidence of spasm found in plaintiff’s medical reports does not suffice to cross the verbal threshold’s requirement of permanent loss of function or permanent physical impairment to the cervical spine, and summary judgment was properly granted to the defendants. LABOR AND EMPLOYMENT — L.A.D. — AGE DISCRIMINATION 25-2-7076 Dolores Kelly v. Bally’s Grand Inc., etc., App. Div. (17 pp.) In a case alleging age discrimination for failure to promote, plaintiff need not provide direct evidence that her employer acted for discriminatory reasons in order to survive summary judgment, she need only point to sufficient evidence to support an inference that the employer did not act for its proferred non-discriminatory reasons, and, since she provided such evidence, summary judgment should not have been granted to employer. [Approved for publication Nov. 20, 1995. Available on- line in NJ Full-Text Documents.] WORKERS’ COMPENSATION 39-2-7077 Joseph Cifrodella v. M&L Constr. Co. Inc., App. Div. (13 pp.) The trial judge’s award to the petitioner of 100 percent total, permanent disability was supported by sufficient credible evidence, and the judge adequately explained his reasons for crediting petitioner’s medical experts’ testimony over those of respondent. CRIMINAL LAW AND PROCEDURE — MEGAN’S LAW — REGISTRATION 14-2-7078 In the Matter of Registrant C.A., etc., App. Div. (9 pp.) In calculating a registrant’s risk assessment for a Megan’s Law tier classification, a judge may consider the details of a sexual offense which is not the subject of a conviction — including the elements of a criminal complaint, victims’ statements, admissions by the registrant, police reports, medical reports, pre-sentencing reports and corrections discharge summaries — and the test for admissibility should be reliability on the totality of circumstances; but when a judge seeks to use such documentary evidence, the judge should allow live testimony, and registrant’s request for an evidentiary hearing was improperly denied. [Approved for publication Nov. 20, 1995.]

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