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Vol. 2, No. 28 DECISIONS ISSUED FEBRUARY 17, 1994 CIVIL RIGHTS – PUBLIC EMPLOYEES 46-2-2644 Marvin Askins v. New Jersey Department of Law and Public Safety, Division of Gaming Enforcement and Anthony J. Parrillo, App. Div (4 pp.) Trial court properly held that applicant was not denied a position based upon race for the job of equal employment opportunity/affirmative action officer for the division, since the division presented credible non-discriminatory reasons for applicant’s rejection. DEBTOR/CREDITOR – INSURANCE 15-2-2645 Peter Gerrold v. Penn Title Insurance Co. v. Troika Affiliates, Inc., App. Div. (8 pp.) Trial court properly held that the mortgagee’s failure to pay the promised funds to the plaintiff mortgagor was not a covered risk under the title insurance policy, since the title insurance company’s only obligation under the policy was to indemnify the mortgagee against any loss or defect in title. FAMILY LAW 20-2-2646 Rita Garbe v. William Dunn, App. Div. (9 pp.) Where, after plaintiff and defendant stopped dating each other, plaintiff assumed that on two occasions the defendant vandalized plaintiff’s car because, although she never saw the perpetrator, she found a cork on her car that was inscribed with a date significant to them both, trial court erred in issuing a final restraining order against the defendant, since N.J.S.A. 2C:25- 29a(1) does not permit a prior act offered as evidence of domestic violence to constitute the basis for issuing a final restraining order. 20-2-2647 Karin L. Lochstampfor v. Carl F. Lochstampfor, App. Div. (7 pp.) Trial judge properly held that husband had to pay wife alimony since he made twice as much as his wife, but the wife also had to make child-support payments to her husband, who is the custodial parent; still, the trial judge erred in not fixing the appropriate amount of each obligation, since even if the two amounts were equal, both alimony and child support are not functionally or conceptually the same. JURISDICTION 24-2-2648 Florian Greenhouse v. Elie Geiger, P.E. and Richard J. Marnicki, P.E., et al., Where New York resident defendants, hired co-defendant, a Connecticut resident, to review various aspects of a glass pool enclosure installation by plaintiff, which is a New Jersey corporation, trial court properly found that the Connecticut co-defendant had sufficient contacts to be sued in New Jersey, since, among other things, he had visited and had numerous telephone conversations with people at plaintiff’s New Jersey warehouse. REAL ESTATE – TORTS 34-2-2649 Hy Wallis v. Homestead at Mansfield, et al., and Michael Quigley, et al., App. Div. (12 pp.) Where new home buyers in a planned community were required to pay a $350 membership fee to the community’s homeowner’s association, trial court properly held that the association could use the money for operating expenses, since (1) this use of the membership fees was specified in the bylaws, and (2) this particular use of the money was explained to the homeowners when they signed the purchase agreements. PUBLIC EMPLOYEES 33-2-2650 Stanley Ogonowski v. City of Atlantic City, App. Div. (6 pp.) Where plaintiff police officer stated that he never withdrew his gun and disarmed another police officer during an altercation to protect himself, administrative law judge properly reinstated plaintiff to the police force, since from the weight of the evidence the judge determined that the plaintiff was not the aggressor but acted in self-defense. CRIMINAL LAW AND PROCEDURE 14-2-2651 In the Matter of Mark Philip Conroy, App. Div. (2 pp.) Where applicant would have a job with a detective agency if he obtained a gun permit, and his job responsibilities would include providing security to various Toys ‘R’ Us stores, trial court properly denied his gun permit application, since there was no evidence that the applicant or his prospective client was under a threat of serious bodily harm. 14-2-2652 State v. Sir William Earl Jackson and Charles Edward Stewart, App. Div. (21 pp.) Where both defendants were tried separately for murder and robbery of a local tavern owner, (1) trial court properly convicted defendant Stewart as an accomplice to, among other things, both knowing murder and felony murder, since the jury was entitled to conclude that Stewart’s statement to the police — that he handed the gun to defendant Jackson to use after Jackson had told Stewart to shoot the victim — was more credible than Stewart’s trial testimony, and (2) trial court properly held that defendant Jackson’s constitutional right as a juvenile to testify at a waiver hearing was not violated even though he did not testify, since the result of the waiver hearing probably would not have been different if Jackson had testified. 14-2-2653 State v. Richard Shannon, App. Div. (10 pp.) Defendant’s claim — that his second-degree robbery conviction was impermissibly inconsistent with his acquittals of attempted murder and aggravated assault; that the jury instructions on flight and on theft as a lesser-included offense of robbery were inadequate; and that defendant was denied his constitutional right to effective assistance of counsel — was unfounded, since, among other reasons, inconsistent verdicts cannot be reversed if defendant’s conviction was “…supported by sufficient credible evidence to permit a rational fact finder to find guilt beyond a reasonable doubt.”

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