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Vol. 2, No. 47 DECISIONS ISSUED MARCH 21, 1994 FAMILY LAW 20-2-2879 Ronald Blum v. Shere (Blum) Ader, App. Div. (17 pp.) Where husband did not appear at child-support hearing but defense counsel marked husband’s case information statement into evidence and wife was questioned on it, trial judge, at wife’s request, properly suppressed all evidence introduced on husband’s behalf at hearing, since husband’s failure to appear had denied wife her right to cross-examination, and suppression of evidence was clearly within trial judge’s authority. INSURANCE – AUTOMOBILES 23-2-2880 Laura Piasecki and Edward J. Piasecki v. Samuel Solis III, App. Div. (6 pp.) Where plaintiff-wife’s back was injured in an automobile accident, which allegedly prevented her from performing her customary activities, and even though medical reports were not submitted to court to substantiate her claims, trial court erred in dismissing complaint for failure to meet verbal threshold criteria, since trial judge did not grant request for oral argument, and matter was remanded so plaintiff could supplement her medical record. LANDLORD/TENANT – CONTRACTS 27-2-2881 Harel Assoc. v. Cooper Healthcare Professional Serv., Inc., et al., App. Div. (5 pp.)(Muir, J.A.D.) Where defendant-tenant had been constructively evicted, trial court erred in requiring tenant to pay rent for only a portion of period from when tenant exercised its right to claim constructive eviction and time tenant moved out, since tenant cannot avoid its rental obligation. MUNICIPAL LAW 30-2-2882 Chez Sez IV, Corp. v. Township of Maplewood,et al., App. Div. (4 pp.) Where initially defendant-township limited number of video machines at plaintiff-owner’s adult video and book store from eight to two under municipal code machine-to- floor area ratio, and owner later dismissed suit because township determined that video booths did not require a license, trial court properly dismissed owner’s complaint against township for compensatory damages and attorney’s fees pursuant to 42 U.S.C. sections 1983 and 1988, since relief under those statutes is only available when a civil rights violation, results from implementation of government policy, which was not present in this case. CRIMINAL LAW AND PROCEDURE 14-1-2883 State v. Brett Gookins, Linda Falcone and Robert Cunningham, Sup. Ct. (17 pp.)(Justice O’Hern) Where police officer had arrested defendants separately for driving while under the influence of alcohol and defendants pled guilty after their Breathalyzer readings exceeded .10, and police officer was later convicted for falsifying an undercover agent’s Breathalyzer results and for stealing money from drivers whom he had stopped, trial court erred in dismissing defendants’ requests for new trials, so that defendants can offer evidence of police officer’s misconduct in their defense. 14-2-2884 State v. Derrick Rogers, App. Div. (7 pp.) Where police officers, while patrolling in drug area, noticed that defendant started acting suspicious upon seeing police car (i.e., by reaching into waistband of his coat and turning and starting to run), and while police officer was chasing him, defendant threw a bag that contained 59 vials of cocaine, trial court erred in suppressing cocaine, since considering all of defendant’s actions and the high-crime area, police officer acted reasonably in stopping defendant to frisk him.

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