EVIDENCE
19-2-5542 George Cook, et al. v. Charles J. DePrince, et al., App. Div. (9 pp.) Where, in a suit seeking abatement of an alleged noise nuisance, plaintiffs told the court that they wanted to call two witnesses to rebut defendants’ contention that suit was racially motivated, and the judge heard the testimony and found that the plaintiffs failed to prove the nuisance, plaintiffs’ argument on appeal that they were precluded from presenting testimony to rebut the racial motivation charge since they could have produced other rebuttal witnesses was unfounded, and the judge’s decision is affirmed.
INSURANCE
23-2-5543 J.S. Hovnanian & Sons, Inc., et al. v. U.S.F. & G. Co., et al., App. Div. (7 pp.) (1) In developer’s declaratory judgment action (seeking coverage and defense in action for alleged flooding of neighboring lands during construction), trial judge was correct in dismissing the action since the carriers, who were not notified of suit until more than two years had passed, had suffered “appreciable prejudice” as a result of developer’s counsel’s trial strategies. (2) Neighboring landowner’s application to have insurance proceeding record unsealed is granted, provided that a hearing is held to excise privileged portions.
