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Vol. 4, No. 177 — SEPTEMBER 12, 1996 STATE COURT CASES CIVIL PROCEDURE 07-2-9997 Ernest Bing v. Poorboys Express, App. Div. (3 pp.) Special Civil Part judge did not err in failing to adjourn trial to permit pro se plaintiff time to supply additional evidence which may have allowed a judgment to be entered in plaintiff’s favor, since pro se plaintiff did not indicate at trial that he could obtain such proofs, nor did he request such an adjournment at the time. INSURANCE — P.I.P. 23-2-9998 Universal Underwriters Ins. Co. v. Atlantic Electric, App. Div. (3 pp.) The trial judge erred in concluding that self-insured defendant must maintain PIP coverage whether or not its vehicles were commercial; therefore, summary judgment dismissing plaintiff’s suit for reimbursement of PIP payments plaintiff made to persons injured by defendant’s vehicle is reversed. NEGLIGENCE 31-2-9999 Edgar Ardila, et al. v. Reynaldo Velez, et al., App. Div. (3 pp.) Where the delay in moving to restore injured passenger’s complaint was due solely to his attorney’s dereliction, and no prejudice to defendant’s case can be ascertained, judge erred in denying passenger’s motion to restore. WORKERS’ COMPENSATION 39-2-0000 Timothy Pozar v. Risin Constr. Co., App. Div. (3 pp.) Although petitioner was not paid temporary disability and medical benefits for a substantial amount of time due to a dispute over his employment status, judge correctly denied petitioner’s motion for an increase in the amount of the attorney’s fee awarded and for sanctions, finding that petitioner contributed to the delay in the determination of his employment status by not presenting his pay stub until many months after the injury, and that the respondent’s action in failing to make payment based on the dispute was not unreasonable. FEDERAL COURT CASES CONTRACTS 11-7-0001 Fem-Com Business Systems, Inc. v. Konica Business Machines, U.S.A., Inc., et al., U.S. Dist. Ct. (9 pp.) Procedure under Rule 67 provides a place of safekeeping for disputed funds pending the resolution of a legal dispute, but it cannot be used as a means of altering the contractual relationships and legal duties of the parties, and, since the funds which plaintiff seeks to deposit into court are not in dispute, despite the other disagreements between the parties, the court denies plaintiff’s motion to pay them into court. [Filed Aug. 28, 1996.] CONTRACTS — JURISDICTION — FORUM SELECTION CLAUSES 11-7-0002 Reynolds Publishers, Inc., etc. v. Graphics Financial Group, Ltd., et al., U.S. Dist. Ct. (23 pp.) (1) N.J.S.A. 54:32B-2, providing that the presence of leased tangible personal property in this State is deemed to be a place of business in this State, gives the court general jurisdiction over defendant leasing corporation, and the contracts between the parties also provide the basis for specific jurisdiction, therefore defendants’ motion to dismiss breach of contract action for lack of jurisdiction is denied. (2) Since plaintiff has not shown any evidence of deception, fraud or coercion in the negotiation of the contract, the forum selection clause in contract is enforceable, and the court transfers the venue of the case to Massachusetts. [Filed Aug. 23, 1996.][For publication.] INSURANCE — DISABILITY BENEFITS — FRAUD 23-7-0003 Principal Mutual Life Ins. Co., etc. v. Larisa Sverdlova, U.S. Dist. Ct. (23 pp.) The court grants insurer’s motion to rescind, ab initio, the disability income insurance policy issued to defendant on the ground that defendant procured the policy through equitable fraud based on her material misrepresentations. [Filed Aug. 28, 1996.] A Daily Reporter of New Jersey Court Decisions NEXT WEEK IN THE New Jersey’s attorney general delivers an ultimatum to Riker, Danzig. Represent the state in Robert Brennan’s bankruptcy case or R.J. Reynolds in its opposition to the state’s fee agreements involving litigation against cigarette makers. See page 1 of the Sept. 16 Law Journal.

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