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Vol. 3 No. 159 Decisions Released August 23, 1995 STATE COURT CASES AUTOMOBILES 23-1-6423 Robert Verriest v. INA Underwriters Ins. Co., et al., Supreme Ct. (32 pp.) (1) Where seller of vehicle did not enter a name on the Certificate of Ownership when he sold car to gas station owner, the seller was still legal vehicle owner by title, but the gas station owner also was an owner of the vehicle, since he retained possession and control of the car. (2) When station owner then turned over car keys to his cousin, and allowed his cousin to repair the vehicle in the station yard, the cousin became a permissive user of the vehicle and, since the intial use was with consent, subsequent uses, even though of a different nature, did not require additional consent or change the cousin’s permissive use, so that when cousin was involved in an accident while driving the car, the gas station’s business policy provided him with coverage for such accident. TAXATION 35-5-6424 Freehold Twp. v. Javin Ptshp., Tax Ct. (21 pp.) In local property tax appeal of assessment on property used as a beer distribution warehouse, the court determines that certain interior insulated metal walls and ceilings used to enclose refrigerated areas are taxable as real property, but blowers and compressors, used to cool the beer, are nontaxable personalty attached to the real property. [Approved for publication.] 35-5-6425 Black Whale Inc. v. Director, Div. of Taxation, Tax Ct. (22 pp.) Director’s decision that taxpayer owed sales and use tax with respect to its New Jersey use of a fishing and passenger boat known as the Black Whale III, is affirmed, since primary use of boat in New Jersey was for transporting passengers on day trips to casinos, not fishing, and, therefore, a statutory fishing-boat exemption would not apply, and the fact that a taxation agent previously had written a letter to taxpayer advising that the boat would be exempt does not prevent the director from renouncing this decision and assessing a tax, since the doctrine of apparent authority does not extend to agents of the state. [Approved for publication.] FEDERAL COURT CASES ENVIRONMENTAL — CERCLA — ATTORNEYS FEES AND COSTS 17-7-6426 The Fishbein Family Partnership v. PPG Industries Inc., et al; Public Service Electric and Gas Co. v. UGI Utilities Inc., et al., U.S. Dist. Ct. (13 pp.) Where, in spill cleanup remediation case, PSE&G filed a series of motions and an appeal to amend a third-party complaint against defendant UGI out of time, and where the court finally granted leave to amend but found that UGI had suffered prejudice due to PSE&G’s undue delay in bringing its original motion and its failure to initially allege all the facts that were before the court when it granted the motion, reasonable attorneys fees and costs are granted to UGI, to be paid by PSE&G, for UGI’s defense of the motions and appeal. LABOR AND EMPLOYMENT — RACING — CIVIL RIGHTS 25-7-6427 Donato P. Latessa, et al. v. N.J. Racing Comm’n, et al., U.S. Dist. Ct. (13 pp.) Where plaintiff, the presiding judge at Garden State Park, was terminated, in his action alleging retaliatory termination and civil rights violations, racing commission’s motion to dismiss is denied on plaintiff’s First Amendment free-speech claim and due process liberty and property claims, as plaintiff has alleged sufficient facts for these claims to proceed, but commission’s dismissal motion on plaintiff’s claim under 42 U.S.C. 1985 is granted, since plaintiff has failed to allege any racial or class-biased discrimination. LABOR AND EMPLOYMENT — REMOVAL AND REMAND 25-7-6428 Louis Troiano v. Edy’s Grand Ice Cream, et al., U.S. Dist. Ct. (7 pp.) In plaintiff’s action–alleging that he was terminated in retaliation for filing a complaint against his employer with the Deptartment of Labor and the Occupational Safety and Health Commission–removal was proper since the court has jurisdiction over federal claims based on the Fair Labor Standards Act, and also has supplemental jurisdiction over the state law claims, and therefore plaintiff’s motion to remand is denied, since the federal and state claims are not separate and independent, and arise out of the same events and circumstances. NEGLIGENCE — INDEMNIFICATION 31-7-6429 Alicia Rumlin, et al. v. Amboy Multiplex Cinema, et al., U.S. Dist. Ct. (11 pp.) In a case involving an altercation between individuals and off-duty police officers who were hired to perform security work for movie theater, where municipality sought indemnification from theater for portion of settlement attributable to officers, summary judgment is granted to municipality, since the indemnification language contained in the agreement between municipality and theater, and the fact that municipality required theater to carry general liability insurance as part of the agreement, clearly indicate that the parties intended municipality would be indemnified against its losses, including losses from its own negligence.

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