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Vol. 4, No. 164 — August 23, 1996 STATE COURT CASES CONSTRUCTION — LIENS 43-4-9906 James S. Gallo v. Sphere Construction Co., Chancery Div. (10 pp.) A general contractor may not file a lien against property under the Construction Lien Law, N.J.S.A. 2A:44A-1, et seq., where the property owner terminated negotiations prior to the execution of a written contract for construction. [Approved for publication Aug. 20, 1996.] INSURANCE — UIM BENEFITS 23-3-9907 Maria J. Lemos v. Jose A. Sousa, et al., Law Div. (10 pp.) Given the Legislature’s expansive treatment of spousal coverage, insurer is required to provide underinsured motorist coverage to a non- licensed wife under her husband’s insurance policy — which provides coverage to a spouse residing in the marital residence — even though the couple has separated and the named insured husband no longer resides in the same household. [Approved for publication Aug. 20, 1996.] NEGLIGENCE — POLICE — DOMESTIC VIOLENCE 31-3-9908 Joanne Jacqueline Campbell v. Michael Campbell, et al., Law Div. (11 pp.) Police officers are not immune under the N.J. Tort Claims Act for failure to make an arrest for violation of a domestic violence order. [Approved for publication Aug. 20, 1996.] PARENT/CHILD — FOSTER CARE — JURISDICTION 28-4-9909 The State of N.J. in the Interest of J.B., et al., Minor Children, Chancery Div. (8 pp.) Disputes over the specific foster home in which a child should reside are to be finally resolved at the administrative level and are reviewable by the appellate division; the Chancery Division has no jurisdiction over such matters. [Approved for publication Aug. 20, 1996.] CRIMINAL LAW AND PROCEDURE 14-2-9910 State v. J.J.O., App. Div. (5 pp.) Although the record supports the trial judge’s finding that defendant rolled down his car window, smiled and snickered at complainant and her boyfriend in the parking lot of a donut shop, defendant’s conviction for contempt of an order entered under the Prevention of Domestic Violence Act is reversed, since this is not the type of conduct contemplated by the Legislature to constitute contempt of a domestic violence order. A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … State statistics show that the backlog that clogged the courts in the first half of this decade — when dozens of civil part judges were reassigned to handle an influx of criminal cases spawned by the drug war — is finally on the decline. See page 1 of the Aug. 26 Law Journal.

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