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Vol. 4, No. 232 — December 6, 1996 STATE COURT CASES BANKING 06-2-0710 Shulman, et al. v. Dept. of Banking, App. Div. (7 pp.) Since petitioners had been advised of what was needed to complete their application for a check cashing license under the 1951 law, and failed to complete the process in a timely fashion, they subjected their pending application to the 1993 law, and were not entitled to any grandfather status which would have exempted them from the restrictions of the new law, therefore the Commissioner’s denial of their application under the new law is affirmed. FAMILY LAW 20-2-0711 Legon v. Legon, App. Div. (5 pp.) All major provisions of detailed divorce judgment are affirmed, except that several credits defendant was entitled to, which were referred to in pendente lite orders, were overlooked by the judge, and matter must be remanded for adjudication of those credits. LANDLORD/TENANT 27-2-0712 McBride v. Port Authority of N.Y. and N.J., App. Div. (8 pp.) Plaintiff, an employee of a commercial tenant in exclusive possession, may not hold the tenant’s landlord responsible for personal injuries suffered on the leased premises, due to a lack of proper maintenance or repair, when the lease unquestionably places responsibility for such maintenance or repair solely upon the tenant. [Approved for publication Dec. 6, 1996.] NEGLIGENCE 31-2-0713 Burns v. Weidner, App. Div. (4 pp.) The jury did not necessarily ignore the judge’s instructions that violation of the following-too-closely statute was negligence per se, since there was sufficient credible evidence in the record from which the jury could believe that on the roadway, in the dark, defendant hit plaintiff’s bicycle for reasons other than following too closely, and the judge, therefore, properly denied plaintiff’s motion for a new trial. NEGLIGENCE — LANDLORDS — DOG BITES 31-2-0714 Rivera v. Ippolito, et al., App. Div. (4 pp.) Without some proof that residential landlord knew of tenant’s dog’s viciousness, the court correctly held that landlord did not violate any duty owed to infant plaintiff, who was a guest of the tenant’s house sitter, and who was bitten by the dog in a fenced-in common area of the premises. TORTS — DEFAMATION 36-2-0715 Protasiewicz v. Chemical Bank of N.J., App. Div. (12 pp.) In a case arising out of statements made by bank’s branch manager regarding misplaced funds from plaintiff’s teller drawer, inter alia, (1) defamation claim was properly rejected on the ground that the statements made were true and plaintiff’s argument that the statements implied a falsehood was insufficient as a matter of law, (2) the false light claim was properly dismissed since the record failed to reveal the required publication, and (3) plaintiff’s intentional and negligent infliction of emotional distress claims were barred by workers’ compensation law. FEDERAL COURT CASES EDUCATION — DISABILITIES 16-7-0716 M.W., et al. v. South Brunswick Bd. of Education, U.S. Dist. Ct. (19 pp.) Although plaintiffs ultimately achieved some success in their quest to alter their son’s I.E.P. to include their suggestions of modifications to his educational program, their success was limited, and their actions were not the cause of the school board’s decision to implement the relief, therefore the court finds that the plaintiffs are not “prevailing parties” entitled to counsel fees under the Individuals with Disabilities Education Act. [Filed Nov. 19, 1996.] JURISDICTION — CONTRACTS 24-7-0717 Emerson Radio Corp. v. Orion Sales, Inc., et al., U.S. Dist. Ct. (25 pp.) In a case dealing with the alleged breaches of a license agreement and a supply agreement, (1) the court finds facts sufficient to support specific jurisdiction over all defendants, and denies defendants’ motions to dismiss for lack of jurisdiction. (2) Defendant Orion cannot enforce the mediation clause against plaintiff because Orion has waived its right to do so, and defendants OTC and Technos cannot stay this lawsuit pending arbitration because there is no valid arbitration clause covering plaintiff’s disputes with these defendants, therefore defendants’ motion to stay the lawsuit pending arbitration is denied. [Filed Nov. 19, 1996.] LABOR AND EMPLOYMENT 25-7-0718 Navarro v. Grunyn (sic), et al., U.S. Dist. Ct. (14 pp.) The court dismisses plaintiff’s Title VII claims arising from alleged harassment in her workplace with the Postal Service, since plaintiff failed to pursue and exhaust her administrative remedies, and there is no proof that the government actively misled the plaintiff into thinking that she was not required to pursue these administrative remedies, justifying waiver. [Filed Nov. 19, 1996.] —END— Copyright 1996 by American Lawyer Media, L.P. A Daily Reporter of New Jersey Court Decisions THIS WEEK IN THE … An attorney for Prudential Insurance Co. policyholders moves to disqualify a judge handling a fraud suit against the company because the judge met privately with the insurer’s chief executive officer. See page 5 of the Dec. 9 Law Journal.

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