Search Results
| Case name | Citation | Summary |
| [New Jersey] LINDA GARDNER V. MYRON PAWLIW, M.D. | 1995/11/06 | Court: Superior Court of New Jersey Docket No: none A plaintiff who alleges that a doctor committed medical malpractice by failing to order a diagnostic test must present evidence that there is a reasonable probability that the test would have disclosed the disease or condition on which the malpractice claim is based. Click here to get this docume |
| [New Jersey] IN THE MATTER OF THE PETITION OF VALLEY ROAD SEWERAGE CO. | 1995/11/03 | Court: Superior Court of New Jersey Docket No: none We hold that the BPU may deny a rate increase because of a utility's poor performance over an extended period of time notwithstanding the fact that operating losses will inevitably follow from the denial. Click here to get this docume |
| [New Jersey] THE PRUDENTIAL STEWART REALTY V. MICHAEL SONNENFELDT | 1995/11/03 | Court: Superior Court of New Jersey Docket No: none Given the terms of a negotiated one-year exclusive listing agreement which permitted termination after six months, provided that the broker received a commission upon closing within ninety days of termination if it introduced the buyer to the property, the agreement could be terminated to avoid paying the commission to someone the broker did not introduce to the property. Click here to get this docume |
| [New Jersey] ATLANTIC ASSOC V. PERSKIE, NEHMAD & ZELTNER | 1995/11/02 | Court: Superior Court of New Jersey Docket No: none An attorney who prepares a public offering statement or an amendment to a public offering statement, N.J.S.A. 45:22A-28a, owes a duty of care to potential investors. Reliance on a public offering statement by purchasers of a condominium is foreseeable. Any restriction on the potential use of the condominium known to the attorney must be declared in the public offering statement. An attorney's breach of duty in a legal malpractice action is a question of law to be decided by the court. Expert opinion to establish an attorney's duty is not required in deciding a motion for summary judgment. Click here to get this docume |
| [New Jersey] IN THE MATTER OF PETITION OF ANTHONY PODIAS | 1995/11/02 | Court: Superior Court of New Jersey Docket No: none Under N.J.S.A. 2C:52-14f, a dismissal after successful completion of a pretrial intervention (PTI) supervisory treatment program bars expungement even for DP convictions, even though the matter dismissed following completion of PTI has itself been expunged. Click here to get this docume |
| [New Jersey] SONS OF THUNDER INC V. BORDEN INC. | 1995/11/01 | Court: Superior Court of New Jersey Docket No: none The portion of the judgment that awarded plaintiff Sons of Thunder, Inc. damages against Borden, Inc. in the sum of $412,000 based on Borden's alleged breach of an implied covenant of good faith and fair dealings is reversed. Under the facts of this case, the implied covenant should not have been invoked to bar Borden from exercising its right to terminate the contract with Sons of Thunder on ninety-days notice. Dissent by Judge Humphreys. Click here to get this docume |
| [New Jersey] JOHN TRISUZZI V. RITA TABATCHNIK | 1995/10/31 | Court: Superior Court of New Jersey Docket No: none If plaintiff entered defendants' property to protect himself and his family from attack by defendants' dog, it was at the implied invitation of defendants dog owners; plaintiff was therefore lawfully upon the property of the dog owners, giving rise to absolute liability under the dog bite statute, N.J.S.A. 4:19-16. Private necessity doctrine is an extension of the rescue doctrine: danger invites rescue. Factors necessary to sustain a municipal court conviction for a non indictable offense cannot be used to estop defendant from retrying those facts in a civil action. Click here to get this docume |
| [New Jersey] PATRICK GATTO V. NEW JERSEY AUTO FULL INSURANCE UNDERWRITING ASSOC. | 1995/10/31 | Court: Superior Court of New Jersey Docket No: none In the absence of dispatch of a timely offer to renew or renewal notice more than thirty days prior to the expiration of an automobile insurance policy on March 3, 1990, coverage continues, but only for a reasonable period of time. When and if the renewal offer was mailed and received, whether other notice of the expiration was obtained, and the absence of a valid insurance identification card are all factors in determining the reasonableness of the period and whether plaintiff had coverage at the time of the automobile theft on April 20, 1990. Summary judgment for plaintiff-insured reversed, and matter remanded for trial. Click here to get this docume |
| [New Jersey] CAROLYN MCKINNEY V. EAST ORANGE MUNICIPAL CORP. | 1995/10/31 | Court: Superior Court of New Jersey Docket No: none In this 42 U.S.C.A. 1983 action based on a mistaken no-knock search of an apartment which did not meet the warrant description of the premises to be searched, the police officer, who was both the affiant for the warrant and the leader of the execution team, was not entitled to qualified immunity since there was insufficient indicia of probable cause for both obtaining and executing the warrant to meet an objectively reasonable test as a matter of summary judgment in the officer's favor. Where the issue tried before the jury was the regularity of police misconduct after effecting a no-knock entry, plaintiffs were entitled to have their police-procedure expert testify, particularly where the defendant offered substantial evidence of normal police routine in that circumstance. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY V. CHRISTOPHER BIANCAMANO | 1995/10/31 | Court: Superior Court of New Jersey Docket No: none Questioning of a student by a school official concerning the student's possible criminal activities, where the official does not act at the behest of the police or with police present, does not require administration of Miranda warnings. Click here to get this docume |
| [New Jersey] NANCY PAWLICK V. NEW JERSEY AUTO FULL INSURANCE UNDERWRITING ET AL | 1995/10/30 | Court: Superior Court of New Jersey Docket No: none Effective cancellation of the named insured under an auto policy is not invalid where notice was not also given to an additional insured under a restrictive endorsement. Adding the lessor of a vehicle as an additional insured under the lessee's policy but restricting the lessor's coverage to vicarious liability does not offend the omnibus clause requirements of New Jersey statutory and case law. Click here to get this docume |
| [New Jersey] IN THE MATTER OF THE ADOPTION OF TWO CHILDREN BY H.N.R. | 1995/10/27 | Court: Superior Court of New Jersey Docket No: none Adoption of the biological child by the same-sex partner of the plaintiff is not precluded by that provision of the New Jersey adoption statute which terminates parental rights upon adoption, except where the plaintiff is the stepparent of the child. The order dismissing the adoption complaint is accordingly reversed. Judge Wefing dissents. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY IN THE INTEREST OF S.M. | 1995/10/27 | Court: Superior Court of New Jersey Docket No: none Fellatio, which is not defined in N.J.S.A. 2C:14-1c, shall be construed to encompass the dictionary definition: the practice of obtaining sexual satisfaction by oral stimulation of the penis. Placement of the actor's mouth on the penis of the victim, or kissing of the penis without the insertion of the penis into the actor's mouth, violates N.J.S.A. 2C:14-2. Click here to get this docume |
| [New Jersey] PROPERTY CASUALTY CO V. KEVIN CONWAY ET AL | 1995/10/27 | Court: Superior Court of New Jersey Docket No: none Father of juvenile vandal is covered under homeowner's policy for his vicarious liability to school board under N.J.S.A. 18A:37-3. Click here to get this docume |
| [New Jersey] RIVERVIEW REALTY INC V. MARGARET WILLIAMSON | 1995/10/25 | Court: Superior Court of New Jersey Docket No: none Whether Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to 61.12, prevents eviction of resident family members of a deceased tenant will be determined at the death of the tenant. Court will consider the circumstances then existing in light of the beneficial purposes of the Act. Court recommends Legislature consider this recurring issue. Click here to get this docume |
| [New Jersey] SHARON A. MASTERSON V. BOARD OF REVIEW | 1995/10/24 | Court: Superior Court of New Jersey Docket No: none Where an employee earns gratuities as well as hourly wages, but fails to report the gratuities to the employer for the payment of unemployment compensation taxes, the level of benefits will be determined, as provided in N.J.S.A. 43:21-19(o), by the reported wages only, i.e., the hourly earnings. Click here to get this docume |
| [New Jersey] STATE OF NEW JERSEY V. KEVIN VONDERFECHT | 1995/10/24 | Court: Superior Court of New Jersey Docket No: none A police officer's authority to arrest extends to petty disorderly persons offenses. Click here to get this docume |
| [New Jersey] JOHN L. ROMANO JR. V. BROWN & WILLIAMSON TOBACCO ET AL | 1995/10/23 | Court: Superior Court of New Jersey Docket No: none In this action for wrongful discharge under the Law Against Discrimination, the grant of summary judgment to the employer was inappropriate even assuming the employer's articulation of a legitimate, non-retaliatory reason for discharge where the factfinder could reasonably find that the employer's decision was motivated by a discriminatory intent and not the legitimate reason offered by the employer. Click here to get this docume |
| [New Jersey] NEW YORK STATE HIGHER EDUCATION SERVICE CORP. V. ROY LUCIANNA | 1995/10/20 | Court: Superior Court of New Jersey Docket No: none Where a borrower defaults on a student loan guaranteed or insured by a governmental unit and then files for bankruptcy, the loan is non dischargeable where it becomes due and payable within seven years (formerly five years) before the petition is filed. Such loans become payable nine months after graduation or withdrawal from school. Here, the student withdrew from school without notifying the lender or guarantor and then filed for bankruptcy within the applicable five (now seven) year period from the expected graduation date but beyond the applicable period after the earlier withdrawal date. The debt was not discharged because the student could not rely on the earlier date when the breach of his notification obligation prevented the agency from effecting repayment before the loan would be dischargeable. The former five-year (now seven-year) period was, in effect, tolled between the withdrawal date and the date of expected graduation. Click here to get this docume |
| [New Jersey] COLONNELLI BROS. INC V. VILLAGE OF RIDGEFIELD PARK, ET AL | 1995/10/20 | Court: Superior Court of New Jersey Docket No: none Despite errors in bid paragraph of bid specifications providing that unit prices would control over extended totals and unit prices written in numbers would control over unit prices written in figures, municipality had a right to reject bid where, although the unit price was expressed differently in words and numbers, the computed total for that item was consistent with the number utilized and the sum of the computed totals resulted in a total bid, both in words and in writing, which was consistent with the numerical figure used in the unit price. Error in bid specification did not control in these circumstances where plaintiff's reliance upon that paragraph would require changing the computed total for the item and the aggregate bid for all items, and could result in post-bidding revisions based upon the outcome of the bidding process. Click here to get this docume |