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Vol. 4, No. 206 — October 25, 1996 STATE COURT CASES ATTORNEYS — FEES 04-2-0366 Rolling Rock Associates, L.P., etc., et al. v. Commerce Bank, N.A., etc., et al. v. Walker & Dansky, etc., et al., App. Div. (8 pp.) In dispute over monies owed in failed construction project, while court order providing for application for counsel fees stated that the application should be limited to the filing and appearances on a specific Order to Show Cause, since the trial court’s statement of reasons in awarding fees fails to make specific findings as to which of the services of counsel were within the scope of the order, and which were not, and since the affidavits of services submitted in support of the fee application are deficient, remand is required. EDUCATION — DOMICILE 16-2-0367 Bd. of Education of the Twp. of Livingston, etc. v. Hank Luwisch, etc., et al., App. Div. (5 pp.) Homeowners were incorrectly ordered to pay municipality for the education of their children since the evidence established that father did establish domicile in house under construction at the start of the school year, simultaneously establishing his children’s domicile, even though the rest of the family did not live there full time until mid-year. INSURANCE — P.I.P. 23-2-0368 Felix Javier Garcia, et al. v. State Farm Ins. Co., App. Div. (2 pp.) Insured’s delay in filing claim for further PIP benefits more than two years after the last benefits were paid by the insurer makes the claim untimely, and the statute is not tolled due to the minor plaintiff’s age at the time of the accident. INSURANCE — UNDERINSURED MOTORIST COVERAGE 23-2-0369 John S. Foster v. The Travelers Ins. Cos.,et al., App. Div. (5 pp.) Settlement agreement between plaintiff and insurer — agreeing to arbitrate plaintiff’s claim for UIM benefits — bars the application of Aubrey and insurer cannot change the terms of the agreement it reached by pointing to a subsequent change in the law. NEGLIGENCE — SLIP AND FALL — LANDLORD RESPONSIBILITY 31-2-0370 James Vitale v. Mandelbaum Retirement, etc., et al. v. City Contracting Co., App. Div. (8 pp.) Since landlord retained no right of access to enter demised premises to make repairs, to inspect or to maintain the premises, and since it owned only the land beneath the parking lot and the mall, parking lot was under the complete dominion of tenant, case is distinguishable from public sidewalk liability cases and landlord was correctly granted summary judgment in case where plaintiff fell on ice in parking lot. PHYSICIAN/PATIENT — MALPRACTICE INSURANCE 29-2-0371 Carl J. Records, M.D. v. Aetna Life & Casualty Ins., et al., App. Div. (11 pp.) Malpractice insurer was correctly ordered to provide physician a defense in suit brought by nurse — who alleged she was assaulted by the doctor during an argument about a patient — since the malpractice policy, covering claims for actions occurring “in the rendering of professional services” also covered claims “arising out of” the rendering of such professional services, which would include the argument about the patient. [Approved for publication Oct. 25, 1996.] PUBLIC EMPLOYEES — DISCIPLINE 33-2-0372 Albert Grosso v. Twp. of Nutley, App. Div. (3 pp.) In case where parking meter collector was disciplined for insubordinate behavior, reduction of penalty from removal to a two- month suspension was appropriate in light of collector’s previously unblemished record and consideration of the infraction. REAL ESTATE — WATER DIVERSION 34-2-0373 William Selle, et al. v. Walter Guzikowski, et al., App. Div. (3 pp.) Judge properly ordered parties to engage an engineer and rectify flooding on their property at shared expense, to maintain a buffer around the drain collector and maintain and clean it at shared expense, and to record the judgment as notice of the joint obligation to all successors in title. CRIMINAL LAW AND PROCEDURE 14-2-0374 State v. Ghassan A. Fakhreddin, App. Div. (6 pp.) Since jury was not fully charged on the issue of aggravated assault, conviction is reversed. FEDERAL COURT CASE REAL ESTATE — QUIET TITLE ACTION — RELIGIOUS ORGANIZATIONS 34-8-0375 Scotts African Union Methodist Protestant Church v. Conference of African Union First Colored Methodist Protestant Church, etc., Third Cir. (58 pp.) The district court correctly determined that a neutral-principles approach may be applied in N.J. to resolve hierarchical intra church property disputes. There was no error in the magistrate judge’s application of neutral- principles analysis and resulting substantive determinations that quitclaim deed from church to conference was invalid and that church remains the sole titleholder of property. [Filed Oct. 16, 1996.] A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … Does the Division on Civil Rights have a professional duty to those who ask the agency to be their champion? If so, big changes in the division’s practices will be required to ward off malpractice mavens. See page 1 of the Oct. 28 Law Journal.

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