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VOL. 2, NO. 88 DECISIONS RELEASED MAY 18, 1994 CONTRACTS – AUTOMOBILES 11-2-3306 Aleta Heir v. Frank C. Schilling, App. Div. (6 pp.) Where plaintiff entered into a court-authorized settlement agreement with defendant for a defective used car she purchased from him, trial court erred in dismissing judgment against defendant, since settlement agreement provided that if defendant failed to follow its terms, plaintiff could apply for an entry of judgment ex parte. LABOR AND EMPLOYMENT 25-2-3307 Samuel Lyons v. Board of Review, App. Div. (4 pp.) Where employee refused to sign a written warning he received because of his failure to comply with company policy that requires employees to call in when they will be absent, unemployment review board properly denied employee unemployment compensation benefits, since employee failed to prove that he quit for good cause attributable to his work. LANDLORD/TENANT – NEGLIGENCE 27-2-3308 Nationwide Furniture Rentals and Sales, Inc. v. Merchandise Sales, Inc., App. Div. (10 pp.) Where jury found no cause in trial in which plaintiff tenant sued defendant landlord for damage to its store from fire that began in landlord’s part of the building, trial court erred in not allowing tenant’s expert to testify about the national fire safety codes, since this violated applicable case law. LAND USE 26-2-3309 Michael Duffy v. Phillipsburg Planning Bd. and the Town of Phillipsburg, App. Div. (12 pp.) Where plaintiff landowner applied to planning board for approval to tear down two nonconforming structures on two adjacent lots, and build a single residence, trial court properly denied landowner’s application, since he did not prove that the variances would be compatible with the spirit and intent of the zoning ordinance. REAL ESTATE – CONTRACTS 34-1-3310 VRG Corp. v. GKN Realty Corp., et al., Supreme Ct. (45 pp. incl. dissent) Where plaintiff, exclusive shopping center rental agent, sought six percent commissions from the monthly rentals from defendant new owner, which knew about contract that broker had with original owner that was to be binding on all the parties’ successors and assigns, appellate court erred in holding that an equitable lien can be imposed based on an express or implied contract, unjust enrichment or assignment, since the contract did not specify that the commission would be paid from rental income, and the old owner never assigned the commission with the sale of the shopping center. INSURANCE – AUTOMOBILES 23-2-3311 Lillian McClelland v. Robert Tucker and Mittie Gray, App. Div. (12 pp.) Where plaintiff suffered from back and neck pain from injuries sustained in an automobile accident, trial court erred in instructing the jury on the verbal threshold, since the judge did not give a proper explanation of objective evidence.

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