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Vol. 2, No. 21 DECISIONS ISSUED FEBRUARY 4, 1994 CONTRACTS – DEBTOR/CREDITOR – CORPORATIONS 11-2-2565 Magnolia Beef Company v. Nicholas Tserkis and Elinor Economides, App. Div. (7 pp.) Where business owners agreed to be personally liable for certain corporate debts, owners’ guaranty did not survive corporation’s sale of business to third party, since creditor’s and owners’ intent to terminate all dealings with each other prior to sale was evidenced when (1) owners notified creditor that they wanted to close account and pay bill in full, (2) creditor sued new third-party owner for debt before suing owners on the guaranty. NEGLIGENCE – AUTOMOBILES – GOVERNMENT 31-2-2566 Maureen Bell v. State of New Jersey Department of Transportation et al., App. Div. (3 pp.) Where a vehicle traveling on a highway crossed an eight-foot median, striking a car in which plaintiff was a passenger, trial court properly dismissed passenger’s claim that the defendant department was negligent for not installing a median barrier, since the center median — part of the original approved highway-design plan — had never been altered. PHYSICIAN/PATIENT – NEGLIGENCE 29-2-2567 Dina Duffy v. Raphael K. Levine, M.D. and Charles Berg, D.C. and Philip Abessinino, D.C., App. Div. (12 pp.) Where patient’s only claim was that defendant Levine did not follow the standard of care by not immediately hospitalizing the patient after learning of her symptoms, trial court erred when instructing jury that it could only find the physician guilty of medical malpractice if the doctor deviated from the standard of care established by medical expert testimony offered at trial, since the only negligence elicited from trial testimony was the doctor’s failure to take notes or to record his prescribing Percodan to the patient. REAL ESTATE 34-2-2568 Patricia Newmeyer, et al., v. Dr. Marvin Gastman, et al., App. Div. (5 pp.) Trial court properly voided at the request of condominium owners an agreement between a condominium owner and association in which the owner agreed to reconstruct dock at condominium development, since the transfer of the use of common elements, such as boat slips, to a single unit owner, violates the Condominium Act, N.J.S.A. 46:8B-6. REAL ESTATE – LANDLORD/TENANT 34-2-2569 Dr. Pao-Kuo Chin v. Coventry Square Condominium Association, App. Div. (10 pp.) Condominium association can assess owner-landlord rental fees each time a unit is rented out, when the fees charged are reasonably related to the actual cost of reviewing the rental transaction and inspection of the rental unit. REAL ESTATE – MUNICIPAL LAW 34-2-2570 Amkot Properties, Inc. v. A.F. & R. Corporation and The City of Newark, App. Div. (4 pp.) Where Newark municipal lien official failed to list certain liens on a municipal lien certificate, trial court properly held that under N.J.S.A 54:5-17, the municipality could not be required to satisfy the after-discovered liens, since the seller/co-defendant could not rely on certificate because it transferred title and took back plaintiff’s mortgage two months before the lien-search certificate was issued.

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