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Vol. 3 No. 242 Decisions Released Dec. 22, 1995 STATE COURT CASES AGENCY — CONTRACTS 02-2-7406 Tri County Security, N.J. v. Village Bridge Apts., et al., App. Div. (8 pp.) While the record supports the trial judge’s finding that the principal of an apartment complex neither approved nor knew of plaintiff’s hiring for security services at the complex and, therefore, no privity of contract existed between those entities, principal still would be liable as an undisclosed principal if its managing agent entered into such an agreement, and the matter is remanded for fact finding on that issue. EDUCATION 16-2-7407 Peter B. Contini, etc. v. Bd. of Educ. of Newark, App. Div. (27 pp.) Since the undisputed facts showed that the Newark Board of Education had failed over a substantial number of years to provide a thorough and efficient public school system and had not taken any effective action to correct the manifest deficiencies, the state education commissioner was not required to conduct an evidentiary hearing before removing the local school board and creating a state-run school district. [Approved for publication Dec. 22, 1995. Available online in NJ Full-Text Decisions.] FAMILY LAW 20-2-7408 Barbara Culotta v. Frank Culotta, App. Div. (4 pp.) Where neither the prosecutor’s office nor DYFS found support for father’s allegations that custodial mother’s live-in boyfriend was sexually abusing the children, trial judge’s refusal to reconsider father’s change-of-custody application was correct, since exposing the children to continuing investigations and evaluations in the absence of an adequate basis for doing so is contrary to their best interests. NEGLIGENCE — VACATING DISMISSAL — EXCUSABLE NEGLECT 31-2-7409 Brian Young, et al. v. Franklin Bldg. Corp., etc. v. Ryland Bldg. Corp. v. Brian Young, App. Div. (5 pp.) Dismissal of plaintiffs’ negligence case was proper when their counsel failed to appear at the calendar call or settlement conference, and their excuse that they were too involved in pursuing a related medical malpractice case does not make the neglect excusable. CRIMINAL LAW AND PROCEDURE — JUVENILES 14-2-7410 State in the Interest of J.F. (1) The record is insufficient to show that the juvenile’s Spanish-speaking guardian understood what it was she and the juvenile were acknowledging and waiving by signing his Miranda waiver, and, therefore, the voluntariness of the juvenile’s confession must be questioned, which, when combined with the fact that (2) the state failed to provide corroborative evidence of either charge, mandates reversal. [Approved for publication Dec. 22, 1995. Available online in NJ Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE — MEGAN’S LAW 14-2-7411 In the Matter of Registrant E.B., etc., App. Div. (4 pp.) The classification of registrant in the highest risk-of-reoffense category — Tier Three — and the modified extent of notification are supported by the evidence that he was convicted of five pedophile offenses and admitted to over one hundred more. FEDERAL COURT CASE LABOR AND EMPLOYMENT — AGE DISCRIMINATION 25-7-7412 Equal Employment Opportunity Comm’n v. ITT Aerospace Defense Communications Div., ITT Corp., U.S. Dist. Ct. (30 pp.) Summary judgment is granted to defendant, since, although plaintiff has made out a prima facie age discrimination case in the termination of two of defendant’s employees, defendant — suffering from reduced in government defense-contracting demand, because of which it reduced its workforce following a careful analysis of needs and employee performance levels — has offered legitimate business reasons for the termination, and plaintiff has not met its burden to prove that the articulated reasons are a pretext for discrimination.

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