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Vol. 3 No. 239 Decisions Released Dec. 19, 1995 STATE COURT CASES EDUCATION 16-2-7378 Gregory J. Giberna v. Bridgewater-Raritan Regional School Dist., App. Div. (7 pp.) On substitute teacher’s claim that school district breached collective bargaining agreement — when it failed to assign him as a substitute as specifically requested by an absent teacher — trial judge correctly held that substitute was not entitled to benefits under his employment, and, since he also produced insufficient evidence to prove an oral contract to support his position, his case was properly dismissed. FAMILY LAW — INCOMPETENCY 20-2-7379 Emily Grompone v. Joanne Grompone, App. Div. (6 pp.) In case where two sisters fought for guardianship of their incompetent mother and her estate, trial judge did not abuse his discretion in declining to declare plaintiff in contempt of court on the mere assertions of defendant that plaintiff had lied. LABOR AND EMPLOYMENT — UNEMPLOYMENT COMPENSATION 25-2-7380 Sandra K. Robinson v. Bd. of Review, App. Div. (3 pp.) Although the court expresses some concern over board’s dismissal of claimant’s appeal as untimely and the board’s failure to find good cause sufficient to consider the merits of the appeal based on her assertion that she was on vacation during the appeals period, the court is satisfied that denial of benefits was proper since claimant left her employment to return with her husband to Indiana after he had been forced to retire from the Army, and these reasons are personal and do not constitute good cause attributable to her work. NEGLIGENCE 31-2-7381 Mitchell Melnikoff, etc. v. Union Nursing Home, Inc., etc., App. Div. (5 pp.) Trial judge wrongfully dismissed plaintiff’s survivorship claims — for death of his mother in nursing home — on the basis of untimely filing, since, under the discovery rule, the cause of action did not accrue until the time of the medical examination which revealed that she had sustained a broken hip in a prior fall, and, therefore the complaint was timely filed. 31-2-7382 James D. Forlines v. Kimball Medical Center, App. Div. (6 pp.) In plaintiff’s suit for injuries sustained when he slipped and fell on soap as he entered the men’s room adjacent to hospital’s emergency room, the trial judge did not err when he instructed the jury that the hospital could be liable even if it did not have actual or constructive notice of the floor’s dangerous condition, since it was reasonably probable that the condition complained of would occur in a public toilet, and hospital is charged with that knowledge. PHYSICIAN/PATIENT — EVIDENCE 29-2-7383 Helen Leszczak v. Jerome I. Cook, M.D., et al., App. Div. (8 pp.) The trial judge did not abuse his discretion in refusing to permit plaintiff to use a “learned treatise” to cross-examine doctor and his experts, since there were questions as to treatise’s relevancy, and the doctor was prejudiced by the late submission of the evidence. TAXATION 35-2-7384 In re: Appeal of Twp. of Monroe from Determination of Local Finance Bd., App. Div. (13 pp.) Where municipality responded to taxpayers’ pleas by enacting a resolution giving them a partial abatement on their 1994 real estate taxes — purportedly under the auspices of N.J.S.A. 54:4-99 and -100 — the state Division of Local Government Services and the Division of Taxation correctly ordered the abatements withheld, since the municipality’s action had unlawfully used the cited statutory sections to circumvent the statutory tax appeal process. [Approved for publication Dec. 19, 1995. Available online in NJ Full-Text Decisions.] FEDERAL COURT CASES CONTRACTS — LIMITATIONS 11-7-7385 Delta Holdings Inc. v. Am. Risk Management Inc., et al., U.S. Dist. Ct. (11 pp.) Where plaintiff gave defendant certain management, administrative, investment and advisory services, on the basis of which defendant made an acquisition of a company later seized by the Kentucky Insurance Department and forced into liquidation, plaintiff’s case against defendant is dismissed as time-barred, and the statute of limitations has not been tolled by the parties’ “standstill agreements.” LANDLORD/TENANT 27-7-7386 The Stop & Shop Cos. Inc. v. Louis Cyktor Jr., et al., U.S. Dist. Ct. (9 pp.) A sublease between plaintiff sublessor and defendant A&P became an assignment as a matter of law when A&P exercised its option to extend the sublease for the full term of the original lease, and, therefore, plaintiff has no standing to object to A&P’s expansion and renovation work.

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