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Vol. 3 No. 205 Decisions Released Oct. 30, 1995 STATE COURT CASES ATTORNEY/CLIENT 04-2-6875 Destribats, Campbell, etc. v. Lewis C. Stanley, et al., App. Div. (3 pp.) Where client authorized a telephone settlement of litigation, signed the general release form and settlement draft and returned them both to his attorneys, his counterclaim for malpractice against the attorneys — alleging that he was coerced into the settlement — was properly dismissed, and attorneys’ application seeking authorization to distribute the settlement proceeds, after deduction of their fee, was correctly granted. AUTOMOBILES — INTERSTATE DRIVER LICENSE COMPACT 05-2-6876 Div. of Motor Vehicles v. Edward H. Lyons, App. Div. (6 pp.) Appellant’s Colorado conviction for driving while impaired is substantially similar to a conviction of driving while intoxicated under New Jersey law, and the director did not abuse his discretion in applying New Jersey law and suspending appellant’s driving privileges for 180 days, despite the fact that the New Jersey penalty is more severe than the Colorado penalty. BANKING — FORECLOSURE — RENT RECEIVERS — TENANTS 06-2-6877 Changed Look Urban Renewal Redevelopment Corp., etc. v. Avon Speedwash v. First Fidelity Bank, N.A., App. Div. (9 pp.) Where shopping center tenant was sued for nonpayment in a dispossess action filed by rent receiver of landlord in foreclosure, and tenant counterclaimed against rent receiver and mortgagee for deterioration of the shopping center and loss of business, mortgagee was properly granted summary judgment since the mere appointment of a rent receiver alone is insufficient to establish constructive possession on the part of the mortgagee. FAMILY LAW — CHANGE IN CIRCUMSTANCE 20-4-6878 John W. Doring, Jr. v. Roxanne Doring, etc.; Mary Catherine Ims, etc. v. Nicholas Santana, Chancery Div. (11 pp.) A movant seeking a modification of a Title IV-D support order is no longer required to demonstrate a “change in circumstance” in order to get the financial information of the responding party, since, under the federal and state statutory framework, that first step of the Lepis test is presumed met with a showing that three years have elapsed since the entry of the previous order. [Approved for publication Oct. 26, 1995.] 20-2-6879 Ann Sinisi v. Gabriel Sinisi, App. Div. (6 pp.) Where doctor alleged that a 1990 back injury precluded him from practicing medicine, and then entered a seminary school and showed no income during the year in which he filed a motion seeking termination of support under Lepis, his motion was properly denied since he had substantial income in other years after the injury, and merely made a decision to leave medicine for another, less lucrative, field for a variety of reasons, only one of which was the back injury. INSURANCE 23-2-6880 Nancy Pawlick v. N.J. Auto. Full Ins. Underwriting Ass’n, etc., et al. v. Fidelcor Svcs., Inc. v. Motor Club of Am. Ins. Co., App. Div. (12 pp.) In an action involving coverage for an accident in which defendant was driving a leased vehicle, primary insurer of lessee validly canceled its policy covering the lessee due to her nonpayment, and the fact that notice of the cancellation was not provided to the lessor, an additional insured under the policy, did not render the notice and cancellation ineffective, but resulted in a conclusion that the lessor remained covered as an insured under the policy. [Approved for publication Oct. 30, 1995.] INSURANCE — P.I.P. 23-2-6881 N.J. Auto. Full Ins. Underwriting Assn, etc. v. Julie Bain, App. Div. (5 pp.) The trial judge properly exercised his discretion in refusing PIP carrier’s request that he order defendant (plaintiff in the underlying litigation) to submit to a fifth medical examination, when she had already submitted to four such defense examinations, all of which found continuing psychological/psychiatric injuries related to her automobile accident. INSURANCE — VERBAL THRESHOLD 23-2-6882 Rosemary Raleigh, et al. v. Ronald Boocher, et al., App. Div. (6 pp.) The motion judge improperly denied plaintiff’s request for a postponement of defendant’s summary judgment motion since plaintiff had just had arthroscopic surgery, had not yet received her doctor’s report, and was still undergoing post-surgery rehabilitation. WILLS, ESTATES AND TRUSTS — FUNERAL EXPENSES 38-2-6883 Riggs Funeral Home v. Hazel Kazary, App. Div. (4 pp.) On book account for funeral expenses, summary judgment was improvidently granted to funeral home against estate’s executrix, since the contract that the executrix signed (in her own name before she was officially appointed) does not expressly impose personal liability, and provided that her liability was only in addition to the liability imposed by law upon the estate, which bears primary responsibility and should have been joined as the primary defendant. WORKERS’ COMPENSATION 39-2-6884 Barbara Sica v. Ocean County Bd. of Social Svcs., App. Div. (4 pp.) Where an order was entered against respondent board — to pay for medical treatment and prescription costs incurred by petitioner — it was incumbent upon the respondent to develop a working relationship with the treating physicians and pharmacies to keep abreast of the course of treatment, and respondent’s failure to comply with the order, arguing that it was denied the opportunity to have a full hearing regarding the reasonableness of the treatment, is without merit; therefore, order requiring respondent to pay for medical treatment and prescription costs incurred by petitioner, together with related attorney’s fees, is affirmed. CRIMINAL LAW AND PROCEDURE 14-2-6885 State v. Wallace Schneider, App. Div. (8 pp.) Since municipal court judge went beyond taking judicial notice of geography and improperly relied upon his personal knowledge of and experience with the pertinent roadway in finding defendant guilty of speeding, and the Law Division judge did not fulfill his de novo function without regard to the opinions expressed by the municipal court judge, defendant’s conviction is reversed.

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