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Vol. 2, No. 50 DECISIONS ISSUED MARCH 24, 1994 AUTOMOBILES 05-2-2912 Jose Joel Cadena Hernandez v. Samuel F. Fortunato, Comm’r of Ins. and Unsatisfied Claim and Judgment Fund Board, App. Div. (7 pp.) Where plaintiff, a migrant farm worker who had lived in New Jersey on and off for several years, was hit while riding a bicycle at night in the state, trial court properly held that plaintiff could not collect Unsatisfied Claim and Judgment Fund benefits, since he was not a state resident, having no possessions in New Jersey and no roots in the community. CONTRACTS – AUTOMOBILES 11-2-2913 Teressa Vitolo v. Bob Ciasulli Toyota and United Jersey Bank, App. Div. (11 pp.) Where plaintiff purchased a car from defendant car dealer, and purchase price on retail installment loan she entered into with defendant bank was greater than agreed upon sale price, trial court properly granted bank’s summary judgment motion against car dealer for remaining principal and interest due pursuant to dealer’s assignment, since plaintiff’s valid claim voided warranty provision of dealer’s assignment. INSURANCE 23-2-2914 Board of Education, Borough of Milltown, et al. v. North River Ins. Co., App. Div. (10 pp.) Trial court erred in granting plaintiff-insured’s motion for summary judgment against insurer on a “claims made” 1991-1992 policy for a claim that was not first made during policy term, since pursuant to policy terms, the insured must notify the insurer of the claim during policy term when the claim is first made. 23-2-2915 Herbert Wohlman and Julia Wohlman v. The Prudential Ins. Co. of Am., App. Div. (5 pp.) Where insureds’ two life insurance policies lapsed because of insurance agent’s misrepresentations, and plaintiffs sought reinstatement of the policies and damages for psychological harm incurred from defendant’s refusal to reinstate policies, Chancery Court erred in dismissing equitable claims, since it “had before it the expansive inherent power of a court of equity to do justice through an appropriate remedy.” INSURANCE – AUTOMOBILES 23-2-2916 Dorothy A. Hendrick and Carl E. Hendrick v. Warner Ins. Systems, et al., App. Div. (5 pp.) Where defendant- insurer did not make full payments to several of plaintiff’s doctors because fees doctors charged exceeded established fee schedule and this issue was not raised at arbitration, trial judge erred in modifying arbitration award, since criteria were not met which allowed judge to change arbitration award under N.J.S.A. 2A:24-9. 23-2-2917 Zoraida Vallejos, et al., v. Leroy O’Neal, et al., and Timothy L. Pancake v. Marck Express, et al., App. Div. (7 pp.) Where plaintiff was injured in an automobile accident, trial court erred in determining the amount of coverage two carriers had to provide, since pursuant to wording of both policies each carrier was obligated to contribute proportionately to its limits. JURISDICTION 24-2-2918 Vincent T. Giglio v. Ellen D. Connor, App. Div. (5 pp.) Where plaintiff sued defendant for injuries plaintiff sustained in an automobile accident and default judgment was entered against defendant after a copy of complaint was left by sheriff’s officer with defendant’s cousin, trial court erred in entering judgment, since trial court did not have in personam jurisdiction over defendant, and defendant did not have sufficient notice prior to entry of default judgment to satisfy fundamental due process. LANDLORD/TENANT 27-2-2919 Right Place Electronics, Inc. v. A & L Jewelry Corp., App. Div. (6 pp.) Where plaintiff-sublessor sublet portion of lease space to defendant-sublessee, and problems arose between the parties, trial judge erred in declaring sublease null and void, since essential terms of agreement were expressly covered and fact that parties had differences did not render entire agreement null and void. REAL ESTATE 34-2-2920 William Z. Shulman v. The Versailles Apartment Corp. et al., App. Div. (9 pp.) Where restrictions were placed on plaintiff-cooperative apartment shareholder’s option to sublet his apartment, trial court properly upheld defendant- board of trustees’ decision to limit the number of apartments in the cooperative apartment that could be sublet, since the by- laws were legal and plaintiff failed to exhaust his administrative remedies with the board. 34-2-2921 New Jersey Real Estate Commission v. Rosemarie J. McLeod, App. Div. (8 pp.) Where defendant’s New Jersey real estate license was revoked because she was convicted of failing to file federal income tax returns from 1985 through 1988, commission erred in revoking her license, since commission did not comply with provisions of the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-2. TORTS 36-2-2922 Paul Umfer, Sr. and Marylou Umfer v. Property Control, Inc., App. Div. (9 pp.) Where plaintiff who fell on defendant’s icy sidewalk in front a U.S. Post Office but only sued defendant, and portions of other tenant’s leases were read into evidence to address issue of who had responsibility for snow and ice removal, trial court erred in not giving jury adequate instructions concerning relevancy of other tenants’ leases. CRIMINAL LAW AND PROCEDURE 14-2-2923 Darryl Glover v. New Jersey State Parole Board, App. Div. (6 pp.)(Pressler, P.J.A.D.) Parole board erred when it unilaterally chose to disregard a Superior Court judgment, since board’s responsibility is the administration of the parole process for each defendant but within the parameters of and in compliance with trial court’s sentence. 14-2-2924 State v. Jeffrey B. Lewis, App. Div. (4 pp.) Trial judge erred in not granting defendant’s motion for post- conviction relief, since the judge was obligated to refer defendant’s matter to the public defender’s office, “unless defendant affirmatively state[d] his intention to proceed pro se.” 14-2-2925 State v. Donald J. Pratola, App. Div. (30 pp.) Where trial judge reversed defendant’s first-degree murder conviction because defendant was supposedly prejudiced when state withheld evidence such as audio tapes, trial court erred in reversing conviction, since nondisclosure of the evidence would not have affected defendant’s conviction.

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