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Vol. 2, No. 13 DECISIONS ISSUED JANUARY 25, 1994 ATTORNEY/CLIENT 04-2-2393 Walder, Sondak, Berkeley & Brogan, P.A. v. John Paschal, App. Div. (5 pp.) Trial court properly rejected claim by criminal defendant that defense counsel was not entitled to legal fees for preparation of a speedy trial motion that was denied, since significant latitude must be afforded counsel for motions that might be beneficial to a defendant’s case. CIVIL PROCEDURE 07-2-2394 The CIT Group v. Impact 2000, Inc. et al., App. Div. (8 pp.) Where loan guarantors did not raise argument that their signatures on loan documents were forged until they moved to vacate summary judgment under R. 4:50-1, trial court acted within its discretion by requiring guarantors to deposit total amount of judgment as a condition for granting the motion. EVIDENCE – PHYSICIAN/PATIENT 19-2-2395 Rolando Geronimo v. William Rumsey, M.D. et al., App Div. (10 pp.) Where central issue in medical malpractice suit was causation, defense counsel was properly permitted to cross-examine plaintiff’s liability expert on his prior opinions inculpating persons and causes other than defendant, even though direct examination of expert focused solely on the defendant’s role in causing the injury, since defense is permitted to demonstrate that expert’s testimony was tailored for trial. FAMILY LAW 20-2-2396 Thomas B. Koolidge v. Rose Marie Koolidge, App. Div. (4 pp.) Trial court properly denied motion for modification of child support on the ground that motion should be heard in a Florida court, since Florida had been defendant’s forum of choice for numerous post-judgment motions and the evidence relevant to the best interests of the child was readily available there. HEALTH 22-2-2397 Seashore Gardens v. Division of Medical Assistance and Health Services, App. Div. (8 pp.) Division properly rejected nursing home’s argument that its unique physical layout, consisting of three buildings, constituted an “unusual situation” under N.J.A.C. 10:63-3 entitling it to increased Medicaid benefits, since home’s building design was not significantly different from other nursing facilities in the state. PUBLIC EMPLOYEES 33-2-2398 Kathryn Slaughter v. Southern State Correctional Facility, App. Div. (8 pp.) Corrections officer who requested a leave of absence after submitting medical documentation to support her claim of back pain satisfied employment bulletin’s requirements for an “emergency situation” exempting her from discipline for absenteeism, and Merit System Board erred by terminating officer. TORTS 36-2-2399 Michael J. Gunther v. Luther Gueyikian et al., App. Div. (5 pp.) Remand was ordered from trial court’s award of malicious-prosecution damages to defendant against whom plaintiff filed a criminal complaint for passing a bad check, since the court failed to make the required findings that (1) plaintiff’s filing of the criminal complaint was motivated by malice and (2) there was an absence of probable cause. CRIMINAL LAW 14-2-2400 State v. Glenn D. Christow, App. Div. (9 pp.) Trial court properly denied defendant’s motion for mistrial brought on the ground that state failed to disclose detective’s report that was used during cross-examination of defense witness, since the court struck references to the report from the record and a curative instruction was given. 14-2-2401 State v. Elvin Evans, App. Div. (5 pp.) Trial court correctly denied defendant’s request for a jury instruction on theft as a lesser-included offense to the charge of robbery, since no testimony was presented showing that the robbery occurred without the use force. 14-2-2402 State v. Nancy Morris, App. Div. (7 pp.) Although prosecutor’s comments during summation — including that defendant should not be acquitted after physically injuring the arresting officers — were improper, defendant was not deprived of a fair trial, since a timely objection was made and the judge gave a curative instruction.

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