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Vol. 4 No. 78 – APRIL 24, 1996 STATE COURT CASES FAMILY LAW 20-2-8679 Mary Jane Keating v. Thomas Keating, App. Div. (5 pp.) Order which increased child support and which was entered with the consent of the defendant obligor was nevertheless vacated on appeal because defendant was not represented by counsel and the court did not explain his discovery rights, did not ask whether he understood or agreed to the stipulation, or whether it was voluntarily entered [Decided April 23, 1996.] 20-2-8680 Richard S. Elkin v. Rosanne Elkin, App. Div. (5 pp.) An obligor father who is employed and appears to be earning as much as he can under the circumstances cannot reasonably be ordered to pay child support in an amount that leaves him unable to sustain himself. [Decided April 23, 1996.] INSURANCE – VERBAL THRESHOLD 23-2-8681 Lucille Pacchia, et al v. Sally Weintal, et al, App. Div. (8 pp.) Proofs of types 7,8 and 9 injuries defeat summary judgment where, even though prior to the accident plaintiff had been totally disabled under the workers’ compensation law, there was new trauma to right leg which aggravated pre- existing chronic injury in left leg; where there was continued swelling in right leg more than four years after the accident; and where plaintiff could no longer drive, perform household chores and bathe and dress herself. [Decided April 23, 1996.] REAL ESTATE 34-2-8682 Robert H. Godfrey, et al v. Margret A. Pack, App. Div. (9 pp.) Where contract purchaser failed to make an immediate written application for a mortgage in violation of the mortgage contingency clause in a residential realty contract, trial court should not have granted summary judgment returning the security deposit because purchaser’s affidavit did not establish that submission of the application would have been a futile act or that she otherwise acted in good faith. TAXATION 35-5-8683 Livingston Mall Corp. v. Livingston Township, Tax Ct. (27 pp.) Real property tax valuation of owner-occupied anchor stores in a super-regional mall should proceed on a cost approach rather than an income approach because of the paucity of data, but the leased non-anchor mall stores should be valued on an income basis; assessments affirmed. [Filed April 1, 1996, approved for publication.] 35-5-8684 Mary E. Jackson v. Township of Neptune, Tax. Ct. (8 pp.) Where disabled veteran and spouse had received property tax exemption on marital home for many years, but then obtained a divorce from bed and board and transferred the property to the non-veteran spouse, that transfer (and not the divorce from bed and board) terminated the exemption. [Filed March 27, 1996, approved for publication.] WILLS & TRUSTS – TAXATION 38-5-8685 Harry J. Coleman v. Director, Division of Taxation, Tax Ct. (8 pp.) An executor of an estate will be relieved of personal liability for transfer inheritance taxes owed by the decedent in her capacity as beneficiary or estate fiduciary of a prior estate if the tax is not assessed until more than six months after the entry of an order limiting creditors and has not been assessed until after the distribution of all of the estate’s assets. [Filed April 1, 1996, approved for publication.] CRIMINAL LAW & PROCEDURE 14-2-8686 State v. Jake Williams, App. Div. (8 pp.) For conviction of first-degree carjacking, it is irrelevant whether or not the occupant or person in possession or control over the automobile is actually situated within the structure of the vehicle when force is employed or threatened. [Decided and approved for publication April 23, 1996]. 14-2-8687 State v. Keith Josey, App. Div. (21 pp.) Police who saw defendant sell illicit drugs had probable cause to arrest him, and when he fled into his apartment, were justified in pursuing him to effect the arrest and prevent the likely destruction of evidence, even though the prosecutor at oral argument reversed his position and argued that there were not exigent circumstances in which to enter the apartment. [Decided and approved for publication April 23, 1996] FEDERAL COURT CASES JURISDICTION 24-7-8688 Witco Corp. v. Travelers Indemnity Co.,et al, U.S. Dist. Ct. (15 pp.) In diversity action, motion to amend complaint to assert direct claims against insurors which previously were third part defendants is granted because those parties would not defeat diversity jurisdiction, but motion is denied as to new parties who would defeat diversity jurisdiction. [Filed April 19, 1996]. BANKRUPTCY 42-6-8689 In the matter of Ethel Y. Maddox, U.S. Bank. Ct. (22 pp.) The appropriate method for vehicle valuation in a Chapter 13 cram down plan is generally wholesale value. [For publication; filed April 18, 1996] A Daily Reporter of N.J. Court Decisions

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