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Vol. 2, No. 66 DECISIONS ISSUED APRIL 18, 1994 AUTOMOBILES – NEGLIGENCE 05-2-3080 Adrienne DeRose, et al. v. James J. Doyle, Jr., and Joan F. Doyle, App. Div. (8 pp.) Where defendant while driving his car struck plaintiff as she rode her bicycle, and during trial defendant had tried to gain jury’s sympathy by testifying that previously his son had been hit by a driver while riding his bicycle, trial court properly denied plaintiff’s request for a mistrial, since there was nothing to demonstrate that the jury failed to follow the judge’s curative instructions to ignore that testimony. 05-2-3081 Christine Bradley-Taylor v. Charles E. Mills, App. Div. (6 pp.) Where jury returned a verdict of no cause of action in defendant’s favor, after hearing reconstruction expert testify that plaintiff crossed against a red light on a highway before defendant struck her while driving his car, trial court properly instructed the jury on the “Sudden Emergency Doctrine,” even though the judge did not include the last two paragraphs of the Model Jury Charge, since there was not sufficient evidence of defendant’s negligence. CONTRACTS – REAL ESTATE – CONSUMER PROTECTION 11-2-3082 Joseph Flood v. Caro Corp., App. Div. (12 pp.) Where plaintiff sued defendant for a broker’s commission for sale of 25 condominium apartments that Seton Hall University bought from defendant, and where defendant transferred its interest in debt due from Seton Hall to land owners, and later defendant assigned the mortgage to an insurance broker to pay for insurance premiums from defendant and land owner’s companies, case was remanded to determine whether transfer violated the Uniform Fraudulent Transfer Act, since plaintiff’s claim existed when the transfer was made, his right to a commission arose on the Seton Hall condominium closing, which was before the assignment of the mortgage to the insurance broker. LABOR AND EMPLOYMENT – PUBLIC EMPLOYEES 25-2-3083 Richard A. Ruby v. Township of Nutley, et al., App. Div. (13 pp.) Where plaintiff, a Nutley police officer who was active in the PBA local, accepted a position with a Florida police department without extending his leave from the Nutley police force, and then when his leave expired plaintiff was not reinstated to the Nutley police force, trial court erred in granting defendant’s motion for summary judgment regarding plaintiff’s discrimination claims under 42 U.S.C.A. 1983, since a genuine issue of material fact existed as to whether plaintiff’s leave was not extended and he was not rehired because of his union activity. CRIMINAL LAW AND PROCEDURE 14-2-3084 State v. Gregory Montagnino, App. Div. (19 pp.) Where defendant while under investigation for fraud hired an investigator posing as a hit man to kill a Bergen County assistant prosecutor, even though trial judge erred in instructing jury that defendant could be found guilty of attempted murder when court added the mental state of “knowingly” to the correct mental state of “purposely,” it was not reversible error, since (1) defense counsel did not object to the charge, and (2) it did not rise to the level of plain error because the case turned solely on whether jury believed defendant’s claim that he was only “playing a role,” and that he never intended to hire someone to kill the assistant prosecutor.

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