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Vol. 3 No. 167 Decisions Released Sept. 5, 1995 STATE COURT CASES AUTOMOBILES — COMMERCIAL LICENSES 05-2-6470 State, Div. of Motor Vehicles v. Charles H. Love, App. Div. (4 pp.) Decision of Division of Motor Vehicles’ director, suspending plaintiff’s commercial driving license for 60 days because he had been convicted of two serious commercial traffic violations in separate incidents within a three-year period, is affirmed, and plaintiff’s contention that the second offense–speeding–is not a “serious” offense, is meritless. CONSUMER PROTECTION 09-2-6471 Kenneth Hart, etc. v. Christine S. Whittle, App. Div. (4 pp.) Since the regulations promulgated under the Consumer Fraud Act do not expressly disqualify a contractor from maintaining an action against a buyer of his services merely because the contractor has violated the act or the regulations, but only disqualify him if the violations were at the core of the parties’ controversy, a judgment against contractor–in his suit against homeowner for chimney repairs–without taking evidence or hearing testimony was erroneous, and the matter is remanded for trial to determine the nexus, if any, between the violation and the dispute. LAND USE 26-2-6472 Gregory Freni v. Twp. Council of Twp. of Gloucester, App. Div. (6 pp.) In landowner’s suit challenging township council’s denial of his request for a variance to use his residential property for his home and his landscaping business, there was no abuse of discretion in the court’s denial of landowner’s application for an adjournment of council’s motion for summary judgment, where the application was untimely and where landowner had filed no opposition and waited until a few days before the motion’s return date before applying for the adjournment. PUBLIC EMPLOYEES — ACCIDENTAL DISABILITY RETIREMENT 33-2-6473 Roy S. Morgan Jr. v. Bd. of Trustees of the Pub. Employees’ Retirement Sys., Ap. Div. (8 pp.) Truck driver for the city of Trenton is entitled to an accidental disability retirement, since he was permanently and totally disabled as a result of an accident caused by his blacking out due to insulin dose, after he stopped briefly at his home to take the drug and make a sandwich, and the brief detour to take the injection was “necessary conduct,” part of his routine, and approved by his employer. PUBLIC EMPLOYEES — WAGES 33-2-6474 In the Matter of Jeffrey Callahan, et al., App. Div. (5 pp.) In employees’ suit seeking monetary compensation in the form of back pay for periods in which they worked in excess of their regularly scheduled 35 hours per week, the Department of Transportation commissioner correctly determined that, under the clear meaning of relevant regulations, monetary compensation was not permitted, but, instead, the claimants could receive compensatory time, as was offered by the Department of Personnel, but refused by claimants. REAL ESTATE — FORECLOSURES 34-2-6475 State Street Bank and Trust Co. as Trustee for the Certificate Holders, etc. v. Wayne Reppa, App. Div. (4 pp.) Summary judgment was properly granted to bank in its foreclosure action, since the defendant failed to offer any proof to support his contentions that the assignment of note and mortgage to the bank from original mortgagee was invalid, and defendant’s desire to investigate the terms of the assignment through discovery did not excuse his failure to repay the mortgage according to the terms. END

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