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Vol. 3 No. 188 Decisions Released October 4, 1995 STATE COURT CASES ARBITRATION — PUBLIC EMPLOYEES — EDUCATION 03-2-6659 In the Matter of Franklin Lakes Bd. of Education v. Franklin Lakes Education Assn., App. Div. (5 pp.) Public Employment Relations Commission correctly sent to arbitration union’s grievance — i.e., that board of education’s refusal to allow paid leaves of absence to observe religious holidays violates collective-bargaining agreement and the First Amendment — while retaining jurisdiction in the event the constitutional question still has to be decided, since the arbitrator’s fact-finding may directly affect PERC’s analysis of the constitutional question. ENVIRONMENT — FORUM NON CONVENIENS 17-2-6660 Hudson Industries Corp. v. Commercial Union Ins. Co., et al., App. Div. (8 pp.) Corporation’s suit filed against insurer for remediation costs under CERCLA was properly dismissed with prejudice based on forum non conveniens; since the waste was generated by a N.Y. corporation in N.Y. and was deposited there, N.Y.’s interest in remediation is overwhelming. FAMILY LAW 20-2-6661 Karen B. Powell v. Kenneth W. Ross, App. Div. (3 pp.) Although trial court properly determined that some assets were directly traceable to premarital assets of the wife and thus were not subject to equitable distribution, remand is appropriate because the court inequitably distributed the personalty items of disputed ownership by ordering the parties to draw from a hat. GOVERNMENT — BIDDING 21-2-6662 Consec Security Systems, Inc. v. Director, Div. of Purchase and Property, etc., App. Div. (4 pp.) Bid for state contracts for security guard services was properly rejected upon the finding that there was a pending indictment against the president of the company, which he had failed to disclose, since the indictment reflects directly upon the bidder’s moral integrity. LAND USE 26-2-6663 Jeffrey S. O’Connor v. Bd. of Adjustment of the Town of Westfield, App. Div. (8 pp.) Where plaintiff’s gas station was a preexisting non-conforming use in a central business district zone, his sought-after variance to install two large canopies over the pump islands would be an expansion of the use and was properly denied. NEGLIGENCE — COMMERCIAL PROPERTY — SNOW REMOVAL 31-2-6664 Robert M. Gray, et al. v. Paramus Park, Inc., etc., et al., App. Div. (3 pp.) Where plaintiff, at the time he fell and injured himself on a patch of ice, was at a shopping mall as part of a “mall walkers” group that used the mall for exercise before regular business hours, plaintiff was not a business invitee but rather was a specific licensee under an agreement that he had signed when he joined the group, and the agreement released the mall from liability. FEDERAL COURT CASE CIVIL PROCEDURE 07-7-6665 Alexander Montanez v. Erwin Cassiano, et al., U.S. Dist. Ct. (6 pp.) Where plaintiff communicated to the magistrate judge his desire for appointment of counsel, but he took no substantial action to pursue his case and failed to comply with the magistrate judge’s order to show cause for his non-compliance with court orders, the magistrate judge’s recommendation to dismiss the case is adopted, but without prejudice.

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