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Vol. 2, No. 7 DECISIONS ISSUED JANUARY 13, 1994 (Part I) ATTORNEY/CLIENT – CIVIL PROCEDURE 04-2-2302 Neal Silberberg v. Richard Silberberg, App. Div. (6 pp.) Although trial court erred by concluding that plaintiff’s legal malpractice suit against his brother was governed by the two-year statute of limitations instead of the six-year statute, N.J.S.A. 2A:14-2 and -1 respectively, plaintiff was not prejudiced by the ruling, since he was permitted to present his breach-of-contract claim to the jury, which awarded compensatory damages and concluded that punitive damages were not appropriate. AUTOMOBILES 05-2-2303 State v. Alexander MacDonald, App. Div. (9 pp.) State proved beyond a reasonable doubt that drunken-driving defendant had been operating a truck that was involved in an accident with another vehicle by presenting police officer’s testimony that he arrived at the scene while the vehicles’ engines were running and that he observed defendant attack the driver of the other vehicle and yell at him about his driving CIVIL PROCEDURE 07-2-2304 Donald Brown, M.D., M.S. v. Atlantic City Medical Center et al., App. Div. (7 pp.) Trial court properly dismissed complaint with prejudice where plaintiff failed to comply with court’s discovery orders without establishing “exceptional circumstances” under R. 4:23-5(a)(2). COMMERCIAL TRANSACTIONS 08-2-2305 The National State Bank, Elizabeth, N.J. v. Pipe and Fence Products, Inc. et al., App. Div. (4 pp.) Where seller did not deliver steel to buyer because it did not receive payment as required by contract, trial court properly concluded that the steel was not subject to bank’s perfected security interest in buyer’s inventory. CORRECTIONS 13-2-2306 William Engel v. N.J. Department of Corrections, App. Div. (6 pp.) Inmate who was disciplined for having planned an escape was denied due process where (1) the only inculpatory evidence presented was a prison investigator’s recitation of information given to him by a sole informant and (2) inmate’s request for a polygraph test was denied. FAMILY LAW 20-2-2307 Linda Menhart v. Lawrence Menhart, App. Div. (6 pp.) Trial court’s equitable distribution order requiring sale of the marital home is modified so that wife, who has custody of the two children of the marriage, is permitted to remain in the marital home until the children become emancipated, since requiring sale of the home will compel wife to expend more than the current mortgage and carrying expenses for comparable living space. INSURANCE – AUTOMOBILES 23-2-2308 George Egerton v. Dorothy Hawthorne et al., App. Div. (7 pp.) Plaintiff who suffered a back injury in an auto accident satisfied the verbal threshold by setting forth evidence that the injury had curtailed his athletic activity and by presenting doctor’s reports diagnosing lumbar disc syndrome and indicating that CAT scans revealed two disc bulges. JURISDICTION – WORKERS’ COMPENSATION 39-2-2309 William Fulton v. Robert Kushner, Horlbeck Metal Crafts, Inc. et al., App. Div. (7 pp.) Where trial court presiding over personal injury suit concluded that a factual dispute existed as to whether plaintiff was an employee of defendant company, court erred by transferring the matter to the Division of Workers’ Compensation for factual determinations, since the court may not share its jurisdiction with another branch of government. LAND USE – CONSTITUTIONAL LAW 26-2-2310 Macedonian Orthodox Church v. Planning Board of the Township of Randolph, App. Div. (14 pp.) (1) Where church sought to build a recreation facility that was substantially larger and in a different location than an earlier proposed facility that received both conditional-use and site-plan approval, trial court erred by reversing planning board’s decision that conditional-use approval was necessary for the new facility. (2) Township’s conditional use ordinance does not violate the First Amendment’s freedom of religion guarantee, since the ordinance is not aimed at curtailing religious exercise and it does not unduly burden the church members from practicing their religion.

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