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Vol. 2, No. 37 DECISIONS ISSUED MARCH 3, 1994 CONSTITUTIONAL LAW 10-2-2747 New Jersey National Bank v. Queen Steel Corp, et al. and John Regina, App. Div. (6 pp.) Corporate officer’s Fifth Amendment rights were not violated when he was held in contempt for failure to appear in court and explain about the disposition of corporate inventory, since he is not entitled to resist production of corporate records on constitutional privilege grounds but can plead the Fifth Amendment if called to testify about the documents, which he waived when he filed a certification about the inventory. CONTRACTS 11-2-2748 Mayer Pollock v. Belbold Construction Corp. and The County of Monmouth, App. Div. (6 pp.) Where subcontractor sued general contractor for money for work performed outside contract and contractor contended that work was part of contract, trial court erred in holding that parol evidence rule barred it from considering work outside contract, since where contract is not clear trial court must consider extensive parol evidence to determine the scope of the work covered by the contract and whether work subcontractor performed was governed by the contract. FAMILY LAW 20-2-2749 R.B. v. J.H., App. Div. (13 pp.) Where girlfriend’s initial complaint in paternity suit was dismissed with prejudice because inconclusive blood test revealed that boyfriend was not child’s father, five years later trial judge erred in vacating prior judgment since girlfriend failed to show exceptional circumstances under R. 4:50-1. 20-2-2750 G.M. v. A.J.G. et al., App. Div. (13 pp.) In an action against decedent’s family, where decedent’s wife had child from prior marriage, trial court properly determined that child support that wife received from decedent during separation ceased after his death, since there was no evidence that during a one-and-a-half year marriage, decedent ever held child out as his own and ever assumed support of child. 20-2-2751 Robin Peskin v. Roger Peskin, App. Div. (24 pp.) Where trial court told husband who was on anti-depression drugs that he could only respond to any question regarding settlement with a yes or no answer or he would be held in contempt of court, trial court erred in improperly coercing husband into settling. INSURANCE – AUTOMOBILES 23-2-2752 Elsa Cannon v. Roy L. Horton and Carol Horton and Annette Cole, App. Div. (4 pp.) Where plaintiff was injured in an automobile accident, trial judge properly dismissed complaint for not meeting the verbal threshold, since the accident worsened a pre-existing cervical disease and the accident did not have a serious impact on plaintiff’s life. JURISDICTION 24-2-2753 Joyce Cournoyer v. Joseph J. Dougherty, et al., App. Div. (5 pp.) Where seller, a Pennsylvania resident, sued Pennsylvania lawyers that she had retained to draft agreement to sell New Jersey land to a Pennsylvania resident, trial court properly dismissed complaint, since it is unfair and unreasonable to require Pennsylvania lawyers to defend lawsuit in New Jersey instituted by a Pennsylvania resident for services exclusively rendered within Pennsylvania. MUNICIPAL LAW 30-2-2754 State v. Barry M. Rauff, App. Div. (4 pp.) Where defendant appealed four municipal court convictions, including failure to keep building in proper state of repair, defendant did not have a proper plenary trial de novo, since the trial judge failed to make any findings of fact and conclusions of law during two-day trial on what building conditions constituted the blight alleged by municipality. WILLS AND TRUSTS 38-2-2755 Sally Ann Barna v. Barbara M. Mains, App. Div. (10 pp.) Trial court properly held that daughter had no interest in property that mother had bequeathed to son, since property conveyance in will was described “absolutely and in fee simple,” which clearly indicated that mother did not intend to limit devise to son in any way. WORKERS’ COMPENSATION 39-2-2756 Petrit Rakip v. Madison Avenue Food Town, App. Div. (8 pp.) Where grocery stock clerk injured his back on the job and returned to work about six weeks after injury, and despite workers’ compensation doctor’s diagnosis that stock clerk did not suffer from permanent partial disability, workers’ compensation judge properly determined that the grocery clerk suffered from five percent partial total disability, since stock clerk at hearing testified that he could not perform job functions as he did prior to accident and doctors provided objective medical evidence to sustain award. 39-2-2757 Candida Lopez v. Catton Brothers Corp., et al., App. Div. (10 pp.) Where employees who used employer-provided van pool to transport them to and from work were injured in an auto accident on the way to work, workers’ compensation judge properly determined that the injuries were compensable, since the employer contracted for the ride-sharing arrangement. CRIMINAL LAW AND PROCEDURE 14-2-2758 State v. Leonidas Guaman, App. Div. (7 pp.) Trial judge erred in denying defendant gap time credits pursuant to N.J.S.A. 2c:44-5b(2), since crime defendant was convicted of in Bergen County occurred before prison sentence was imposed on Essex County indictment. 14-2-2759 State v. Lloyd Mcrae, James Rainey and Victor Ingram, App. Div. (15 pp.) Where defendants were convicted of first-degree robbery, which was the indictment’s first count, trial judge erred in amending count one to include the words “armed with or uses or threatens immediate use of a deadly weapon,” on first day of trial before jury was sworn in, since the amendment did not correct an error in the form of description of the crime “intended to be charged,” pursuant to R. 3:7-4.

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