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Vol. 4 No. 48 Decisions Released March 12, 1996 STATE COURT CASES ENVIRONMENT — SOLID WASTE LICENSURE — SUBPOENAS 17-2-8148 Pike Disposal Co., Inc., et al. v. Deborah T. Poritz, etc., App. Div. (8 pp.) Where the attorney general presented a sufficient factual basis — i.e. the petitioners’ relationship with the carting company under investigation — to support a reasonable suspicion that a single solid waste enterprise existed, trial court erred in quashing state’s subpoena of petitioners’ records to further investigate that relationship, since petitioners failed to demonstrate that compliance was too burdensome or that the information sought was irrelevant. FAMILY LAW 20-2-8149 Silvia Rausa v. Thomas J. Rausa, App. Div. (10 pp.) When two children of the marriage left their mother’s home to live with their father, the trial judge erred in ordering mother to pay an amount of support to father calculated under a strict application of the child-support guidelines, since the judge failed to take into consideration that the father had been paying a reduced rate of support for seven years, that he had accumulated substantial savings, that he earned more than the mother and that the mother’s fixed expenses had not been decreased by the children leaving home. 20-2-8150 Edward D. Ciezak v. Dolores J. Ciezak, App. Div. (4 pp.) Although the trial judge may have erred in denying father’s access to the trial court’s in camera interview with the children of the marriage, the error was harmless since there was other substantial credible evidence to support the custody award and the alimony and equitable distribution awards. INSURANCE — UNINSURED MOTORIST COVERAGE 23-2-8151 Frederick Francesco v. The PMA Group, App. Div. (8 pp.) Where insurer denied UM coverage to plaintiff who allegedly prejudiced insurer’s subrogation rights by permitting dismissal of one of the defendants in the negligence suit without the insurer’s consent, but there was a dispute over whether insurer knew of the dismissal before it was effectuated, and where the suit remained viable as to the other defendant, the order to show cause to compel the insurer to arbitrate the UM claim should have been granted. LANDLORD/TENANT 27-2-8152 William Montesano, et al. v. Tammi Myers, App. Div. (3 pp.) Where landlord chose to proceed against tenant in the Law Division under the Anti-Eviction Act rather than to bring an ejectment action in the Chancery Division, landlord’s failure to comply with the requirements of the act by simultaneously serving the notice to cease and the notice to quit are fatal, and the judgment for possession must be reversed. LANDLORD/TENANT — SECURITY DEPOSITS 27-2-8153 Michael Morrison, et al. v. George W. Lancaster, et al., App. Div. (4 pp.) Where judge found, in action by former tenants to recover the balance of their security deposit, that landlord was damaged by tenants’ failure to cooperate in showing the apartment to prospective new tenants and that landlord could properly deduct costs of advertising the apartment, it was inconsistent for judge to disallow landlord’s deduction of one-half month’s lost rent for the period the apartment was vacant, and judgment is amended to so allow him. PARENT/CHILD 28-2-8154 N.J. Div. of Youth and Family Services v. J.C.; In the Matter of the Guardianship of J.A.C., a minor, App. Div. (7 pp.) Termination of parental rights was proper for mother who purposely engaged in irresponsible and deleterious conduct by her illegal use of drugs both during her pregnancy and after the child’s birth, who had no direct parental contact with the child for most of his life, and who first sought to establish a relationship with him while she was in prison and a total stranger to him. PHYSICIAN/PATIENT — JURIES 29-2-8155 William E. Wilburn, etc. v. Kenneth M. Young, Jr., M.D., et al., App. Div. (9 pp.) Trial court properly denied plaintiff’s motion for a new trial based on alleged jury misconduct, since the judge’s interviews with jurors on the record reveals that they did not consider, in deciding the case, allegedly inappropriate comments made about the plaintiff during deliberations. FEDERAL COURT CASES INSURANCE 23-7-8156 Polar Intl. Brokerage Corp., et al. v. Investors Ins. Co. of America v. Trans Elite Intl., Inc., et al., U.S. Dist. Ct. (17 pp.) Summary judgment for insurer is granted in insured’s suit seeking refund of premiums where (1) insured’s payment of premiums, filing of claims for losses, and admissions indicating that insurance was in place for the policy period together constitute ratification of the policy in toto, despite insured’s claim that it complained about and never agreed to the policy’s clearly stated 100% minimum retained premium clause and (2) evidence does not indicate that broker, acting as the agent of for the insured, ever returned the policy to the insurer with a clear indication that it was rejected. INSURANCE — ENVIRONMENTAL CLAIMS 23-7-8157 N.J. Turnpike Authority v. PPG Industries, Inc., et al., U.S. Dist. Ct. (5 pp.) Dismissal is required of direct claim against insurers of contractor-defendants for alleged violations of the N.J. Spill Compensation and Control Act on plaintiff’s property, since the general comprehensive liability policies issued do not contain any specific provisions as to Spill Act coverage, and plaintiff thus cannot bring a direct action against the insurer under the Act’s exceptions.

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