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Vol. 2, No. 58 DECISIONS ISSUED APRIL 6, 1994 CONSTITUTIONAL LAW – PhYSICIAN/PATIENT 10-1-2998 Horizon Health Center v. Anthony J. Felicissimo, et al., Sup. Ct. (41 pp.) Where health center operated a nonprofit family- planning clinic and defendants/anti-abortion groups held prayer vigils across the street from center, trial court properly issued a permanent injunction against defendants prohibiting them from picketing on sidewalk in front of center, since the public’s right to accessibility to medical services and maintenance of medical standards, protection of private property rights and public safety constitute significant governmental and public policy interests. 10-1-2999 Belinda Murray, et al., v. Michael Andrew Lawson, et al., and Virginia Boffard, et al. v. Timothy Barnes, et al., Sup. Ct. (36 pp.) Where in both cases anti-abortion protesters wanted to picket in front of doctors’ homes who performed abortions, Chancery Division properly permanently enjoined protesters from picketing within a certain distance of doctors’ homes, since residential privacy represents a sufficient public-policy interest to justify restrictions and implicates a significant governmental interest. CONSUMER PROTECTION 09-2-3000 Aqualux, Inc. v. Victor Ribeiro and John Doe, App. Div. (8 pp.) Where defendant did not pay plaintiff for electrical services that plaintiff performed for defendant, trial court (1) properly held that defendant had to pay plaintiff for work, since there was no evidence that work was improperly done, (2) but erred in holding that work was not subject to Consumer Protection Act, since work constituted home improvements under the act. CORPORATIONS 12-2-3001 Lois Grato & Thomas Grato v. Louis Grato, et al., App. Div. (29 pp.) Where parties were all owners in a closely-held family corporation which was dissolved and defendants formed a new business and transferred assets of old business without plaintiffs’ consent, Chancery Court (1) properly held that defendants’ conduct breached their fiduciary duty, (2) but erred in awarding plaintiffs the value of their interest in the business as it had been continued under the new corporate name, since plaintiffs should not benefit from new corporation that they had not invested any capital in; the proper remedy was the value of plaintiffs’ share in old company based on corporation’s value before old corporation had to pay a large liability award. FAMILY LAW 20-2-3002 Kathleen M. Caputo v. Ralph Caputo, App. Div. (5 pp.) Trial court properly determined that husband had to pay one-half of cost of sending youngest son to private school and two-thirds of same son’s future college tuition, since judge’s decision was based on a careful review of the evidence presented. LAND USE 26-2-3003 George M. Dilts and Judith S. Dilts v. Franklin Township Planning Board, App. Div. (3 pp.) Where plaintiffs and neighbors, whose farmland was part of state- and municipally- approved farmland preservation programs, pursuant to statute obtained approval from the State Agricultural Board to sell tracts of their land to a third party to establish a nursery, trial court properly held that township planning board went beyond the scope of its authority in not approving application, since state and county agencies previously approved application. REAL ESTATE – NEGLIGENCE 34-3-3004 David Smith v. John Boyd and Chicago Title Ins. Co., Law Div. (13 pp.) Where plaintiff was successful bidder at sheriff’s foreclosure sale held at request of foreclosing-second mortgagee, and title report did not include open first mortgage, trial court held that (1) defendant attorney who represented second mortgagee was not liable, since he relied on title company’s report, (2) and N.J.S.A. 2A:61-16 provisions provided a defense to title company for the negligent preparation of its title report. [Approved for publication on April 5, 1994.] CRIMINAL LAW AND PROCEDURE 14-2-3005 State v. Darnell Holmes, App. Div. (6 pp.) Where defendant was present when his friends robbed a man as he left a bar, defendant was properly convicted of second-degree robbery, on accomplice-liability theory, since (1) he helped to surround the victim as he left the bar, (2) and defendant did nothing to stop the robbery. 14-2-3006 State v. Gregory A. Lamberti, App. Div. (13 pp.) Where police officer testified at trial that he knew defendant prior to arrest; trial judge overruled defense counsel’s objection; and defense counsel did not seek a mistrial nor request any type of curative instruction, police officer’s testimony did not deny defendant a fair trial, since jury from police officer’s limited testimony in this area could not draw an inference that defendant had been involved in prior criminal activity. 14-2-3007 State v. Earl Lester, Sr., App. Div. (5 pp.) Where defendant was convicted of selling marijuana within 1,000 feet of a school and maintaining a dwelling as a narcotics nuisance, trial court erred in not making prison sentences concurrent, since where separate crimes grow out of the same series of events or from the same factual nexus, consecutive sentences are not imposed. [Approved for publication on April 5, 1994.]

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