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Tuesday, May 19, 2009

04-23-09 Chandok v. Chandok A-5871-06T3

04-23-09 Vic Chandok v. Rekha Chandok
A-5871-06T3

The trial judge should have recused himself in light of the
fact that he had acrimonious litigation with defense counsel
with whom he had practiced law, even though the litigation ended
eight years earlier. Defendant had an objectively reasonable
belief that she could not receive a fair and unbiased hearing.
A new trial is required, but the new trial judge may assess
counsel fees based on defense counsel's failure to advise the
judge, upon late entry of the case, that he might mrecusal and upon consideration of other relevant factors.