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Vol. 4 No. 49 – MARCH 13, 1996 STATE COURT CASES ATTORNEY/CLIENT — DEFAMATION — TORTIOUS INTERFERENCE 04-2-8158 Stanley W. Low v. Lasser, Hochman, et al., App. Div. (4pp.) Attorney’s tort claims against his former client’s new law firm were properly dismissed, (1) since the loss of a client to another attorney simply is not remediable by a business tort cause of action, the prosecution of which would unduly chill the client’s right of representative choice, and (2) since any comments the new law firm made to its client in appraising the former attorney’s performance would be absolutely privileged by the judicial proceedings immunity. CONSUMER PROTECTION — HOSPITALS 09-2-8159 Hampton Hosp. v. Joseph Bresnan, et al., App. Div. (15 pp.) The motion judge correctly granted summary judgment dismissing defendant’s consumer fraud counterclaim against hospital since the N.J. Consumer Fraud Act, N.J.S.A. 56:8-2, does not cover hospital services. [Approved for publication March 13, 1996.] CORPORATIONS 12-2-8160 John Damkas v. Elikon Corp., et al., App. Div. (14 pp.) Final judgment for corporate dissolution and asset distribution is affirmed as substantially supported by the evidence, and defendant’s claim that he was wrongfully denied a jury trial is without merit, since a dissolution based on a breach of trust is primarily an equitable matter for the Chancery Division which does not carry the right to a jury. CORRECTIONS — NEGLIGENCE — LATE NOTICE OF CLAIM 13-2-8161 Thomas C. Jones, et al. v. Cy. of Burlington, et al., App. Div. (3 pp.) In a case where inmates were burned when other inmates threw boiling water on them, and their attorney misdiaried the date of the cause of action, permission to file late notice of claim should have been granted, since there had been a prior evidentiary hearing by virtue of which the public entities had actual notice of the claim, and they suffered no prejudice from the 10-day delay. FAMILY LAW 20-2-8162 Diane R. Edelstein v. Ronald D. Edelstein, App. Div. (3 pp.) Motion judge erred in summarily adjudicating issues regarding medical expenses for the parties’ children and college costs for the older child without a plenary hearing with respect to both parties’ finances. LANDLORD/TENANT — ENTIRE CONTROVERSY 27-2-8163 Boardwalk Regency Corp., etc. v. Square Brighton Corp. Inc., etc., App. Div. (11 pp.) Trial judge correctly ruled that the entire controversy doctrine barred landlord’s claims for summary dispossession and money damages against tenant, since these causes of action should have been asserted as part of prior prerogative writ litigation involving the parties and the property. [Approved for publication March 13, 1996.] NEGLIGENCE — TORT CLAIMS ACT 31-2-8164 Frank E. Heine v. N.J. Highway Auth., App. Div. (4 pp.)Where plaintiff fell in arts center while trying to find his seat in the dark, trial judge erred in submitting the case to the jury exclusively on the theory that the defendant maintained the property in a dangerous condition under N.J.S.A. 59:4-2, since the proofs supported public entity liability on other grounds, including negligent supervision by an employee of a recreational facility under N.J.S.A. 59:3-11, and ordinary negligence. TAXATION 35-2-8165 Eliben Trust v. City of Jersey City, App. Div. (5 pp.) Tax Court erred in allowing plaintiff to deduct real estate property taxes from income in arriving at net income to be capitalized in the capitalization-of-income valuation method, and judgment reducing city’s assessments of property is reversed. WILLS, ESTATES AND TRUSTS 38-2-8166 Neal Silberberg v. Richard Silberberg, App. Div. (6 pp.) The court affirms judgment entered on a jury verdict awarding plaintiff damages for expenses he incurred when he unsuccessfully tried to probate a will, only to learn that the signature of his late mother was forged at the behest of defendant. FEDERAL COURT CASES CIVIL PROCEDURE — REARGUMENT 07-7-8167 Asturies Invs., S.A., v. Clara Barton Corp., et al., U.S. Dist. Ct. (2 pp.) A motion for reargument must set forth matters or controlling decisions that were before the court but which the court overlooked, and must not simply attempt to introduce new material not previously submitted; therefore, plaintiff’s motion for reargument is denied because it is based on a transcript of state court proceedings that was not submitted previously, nor was the judge asked to withhold decision pending the receipt of the transcript. TELECOMMUNICATIONS 57-7-8168 Combined Cos., Inc., et al. v. AT&T Corp., U.S. Dist. Ct. (20 pp.) Where the court had referred to the FCC’s primary jurisdiction the issue of whether the applicable tariff permits an aggregator to transfer traffic under a plan without transferring the plan itself in the same transaction — an issue that already was under FCC consideration at defendant’s request — but plaintiff now alleges that defendant has thwarted and delayed resolution to the detriment of plaintiff’s business by the use of dilatory tactics and abuse of process in the FCC proceeding, this court reviews the matter and grants plaintiff injunctive relief against defendant and orders the posting of a $100,000 bond as security in this case. TORTS 36-7-8169 Eugene H. Steele v. Maite Vazquez, U.S. Dist. Ct. (9 pp.) In case where pilot sued defendant, an airport employee, for defamation based on her claim that he solicited her for prostitution, (1) the court denies pilot’s motion to dismiss as insufficient those portions of defendant’s counterclaim which charge him with intentional interference with economic relations, intentional infliction of emotional distress and harassment, since the supplementary pleadings filed by defendant sufficiently state cognizable claims and put plaintiff on notice of those claims, and (2) pilot’s motion for a court-appointed polygraph examination is denied as premature, and possibly unnecessary.

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