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Vol. 3 No. 192 Decisions Released Oct. 11, 1995 STATE COURT CASES FAMILY LAW 20-2-6689 Annette Marquez v. Ralph Marquez, App. Div. (34 pp.) The evidence supports the trial judge’s rulings on, inter alia, the computation of compensation allowed to the wife, for her services as conservator, the calculation of husband’s premarital interest in certain real property, alimony, support and counsel fees. FAMILY LAW — ATTORNEY FEES 20-2-6690 James M. Saltzman v. Cindy Saltzman, App. Div. (6 pp.) Trial judge’s allowance of counsel fee to wife is reversed, and denial of husband’s application for counsel fees is affirmed, since the financial record in the case shows that, by the time the judgment of divorce was entered, the predicates of the judge’s reasoning no longer existed, and that each party should bear his or her own counsel fees. 20-2-6691 Linda Hart v. Alexis Hart, App. Div. (5 pp.) Although the documents produced by wife to support her application for counsel fees do not completely satisfy the factors embodied in RPC 1.5(a), since the trial judge expressed no reasons whatsoever for awarding a counsel fee of $400, the matter is remanded for reconsideration. INSURANCE — VERBAL THRESHOLD 23-2-6692 Elpidio Santos v. Lawrence Moczarski, App. Div. (7 pp.) Because a type 9 injury is defined as one that is not permanent — but merely prevents the plaintiff from performing his usual activities for at least 90 days out of the 180 days after the accident — the trial court erred in dismissing forklift driver’s complaint on the basis of his failure to show both a permanent life-style consequence and the continuation of his disability beyond the statutorily defined time period. NEGLIGENCE — HOSPITALS 31-2-6693 Carol Gatta Pappas, etc. v. Jersey Shore Medical Ctr., et al., App. Div. (6 pp.) Verdict in favor of hospital is affirmed since the jury could have concluded from the evidence that hospital personnel took due care in moving patient onto gurney, during which her paralyzed arm was broken, and the judge’s failure to charge on contributory negligence or res ipsa loquitor did not constitute error under the circumstances of the case. PHYSICIAN/PATIENT 29-2-6694 Beverly Bundy v. Walter Sinopoli, M.D., et al., App. Div. (15 pp.) Evidence was sufficient to support jury’s finding that gynecologist’s failure to conduct urodynamic tests before operating on patient suffering from severe incontinence, and his inadvertent suturing of patient’s ureter during surgery, were a deviation from generally accepted medical practice REAL ESTATE — FORECLOSURES 34-2-6695 Family First Federal Savings Bank, etc. v. Phyllis DeVincentis, et al., App. Div. (11 pp.) Where elderly mortgagor appeared at a loan closing with her adult son — for whose benefit the mortgage was given, and who co-signed the mortgage note — and where they appeared with an attorney apparently acting for both, the bank was entitled to accept at face value what appears to be a routine transaction without intruding itself into the parental or legal relationships involved, and any claims of duress in the inducement which mother may have against her son are not attributable to the bank, making summary judgment in foreclosure action proper. [Approved for publication October 11, 1995. Available online in NJ Full-Text decisions.] FEDERAL COURT CASES BANKRUPTCY — ATTORNEYS/ACCOUNTANTS — CONFLICTS 42-6-6696 In re: Robert E. Brennan, Debtor; In re: First Jersey Securities, Inc., Debtor, U.S. Bankruptcy Ct. (37 pp.) Since governmental agencies have not shown that debtors’ accountant and attorney have any conflict of interest which requires their disqualification, and the debtors’ interests and efficient prosecution of the litigation and bankruptcy will be served by permitting both debtors to employ the same accountant and attorney, who have represented them for years, the objections to the employment of the accountant and attorney are overruled and the application to retain them granted. BANKRUPTCY — BAILMENTS 42-8-6697 Glenshaw Glass Co., etc. v. Ontario Grape Growers’ Marketing Bd., et al., Third Cir. (13 pp.) Where grape growers specifically retained title to grapes by agreement, but allowed debtor to store and process the grapes to work off a debt, the relationship was a bailment, not a consignment, and the grapes were not part of the bankruptcy estate or subject to the claims of debtor’s creditors. CIVIL PROCEDURE — PRIVILEGE — INADVERTENT DISCLOSURE 07-7-6698 Belco Technologies Corp., et al. v. Wilhelm Environmental Technologies, Inc., et al., U.S. Dist. Ct. (7 pp.) In a case involving defendants’ mistaken production of certain privileged documents to plaintiff during extensive discovery, which defendants refused to return, the defendants have proved that the production was inadvertent and that the privilege was not waived, and the entry of a protective order by the magistrate judge is affirmed. CIVIL RIGHTS — POLITICAL VOTE PRIVILEGE 46-7-6699 Albert D’Aurizio v. Boro of Palisades Park, et al., U.S. Dist. Ct. (20 pp.) When non-party witness voted in school board and general elections, her ballot was secret under law, and when she refused to voluntarily disclose the tenor of her vote, the political vote privilege was applicable; therefore plaintiff’s application to compel the disclosure of the tenor of the witness’s vote is denied. [For publication. Available online in 3rd Circuit Library.] INSURANCE — MUNICIPALITIES 23-7-6700 Twp. of Maplewood v. Mt. Airy Ins. Co., et al., U.S. Dist. Ct. (11 pp.) Summary judgment is granted to insurer on township’s claim against it — for indemnification of legal costs for certain litigation arising out of alleged sexual harassment by the township’s police captain — since the plain meaning of the terms of the insurance contracts unambiguously exclude the claims arising from the litigation.

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