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Vol. 4 No. 62 – APRIL 1, 1996 STATE COURT CASES ARBITRATION — DE NOVO TRIALS 03-2-8453 Bernard Clyne, et al. v. Richard M. Ramaci, App. Div. (3 pp.) The trial judge correctly concluded that there were no exceptional circumstances shown for late filing of demand for trial de novo after arbitration, where defendant’s attorney misdiaried the applicable dates. ENVIRONMENT — ASSIGNING CAUSES OF ACTION — CONFLICTS 17-2-8454 Village of Ridgewood v. Shell Oil Co., etc., et al., App. Div. (20 pp.) Where municipality sued gas stations for well contamination, and one defendant settled with municipality and, as part of the settlement, received assignment of municipality’s claims against remaining defendants, the purported assignment is invalid, and law firm that previously represented that defendant, and took over representation of muncipality as part of settlement, has an actual conflict and cannot continue to represent municipality in the suit; however, firm may continue to represent its original client. [Approved for publication Apr. 1, 1996.] HEALTH 22-2-8455 Howard S. Smith, et al. v. Valley Hosp., et al., App. Div. (13 pp.) Order voiding hospital’s filing regarding plaintiff doctor’s suspension with the National Practitioner Data Bank and the New Jersey Medical Practitioner Review Board, and specifying the language of the new filing is reversed, since the language does not properly reflect settlement terms negotiated between the doctor and the hospital. INSURANCE — CANCELLATION NOTICES 23-2-8456 Chrysler Credit Corp. v. Manfred Jokisch, et al. v. Mkt. Transition Facility of N.J., etc., App. Div. (5 pp.) Although insurer did obtain proof of mailing of cancellation notice to insured, it failed to procure a proper certification of a true copy of the notice contemporaneously with its preparation and mailing, and, therefore, cancellation was ineffective and summary judgment in favor of insurer was improper. NEGLIGENCE — TORT CLAIMS ACT 31-2-8457 Christopher Connors v. Twp. of Dover, etc., et al., App. Div. (4 pp.) Since minor depressions and imperfections in the roadway surface do not constitute a “dangerous condition” within the intent of the Tort Claims Act, the trial judge properly dismissed plaintiff’s complaint against municipality for injuries he sustained in a bicycle accident in a one-inch deep pothole. PARENT/CHILD 28-2-8458 In the Matter of the Guardianship of R.S.A., a Minor; N.J. D.Y.F.S. v. M.S., et al., App. Div. (10 pp.) In light of the historical background of the abuse to four other children lost in other termination proceedings, when combined with the psychological profiles and the absence of any improvement or change in either the natural mother or her live-in boyfriend, the trial judge’s determination to terminate parental rights was appropriate. REAL ESTATE 34-2-8459 Rhoda L. Rubin v. Elba Rosa, et al., App. Div. (3 pp.) Trial judge correctly ordered an easement by implication over defendant’s land, and ordered defendant to remove a portion of her fence separating her land from the land of the plaintiff — her adjoining neighbor — since the fence effectively precluded access to plaintiff’s side yard for necessary maintenance and repairs. CRIMINAL LAW AND PROCEDURE 14-2-8460 State v. $36,560.00 in U.S. Currency; State v. Beverly Blight, et al., App. Div. (38 pp.) (1) On the facts of the case, the trial court’s decision denying forfeiture of monies found during a valid search is reversed, because the judge ignored overwhelming evidence and his factual findings are so wholly insupportable as to result in a denial of justice. (2) Trial court’s setting aside its finding of defendant’s guilt was “so wide of the mark,” it is also reversed, and the double jeopardy clause does not shield defendant from review of the trial court’s patently erroneous conclusion. [Approved for publication Apr. 1, 1996.]

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