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Vol. 2, No. 87 DECISIONS ISSUED MAY 17, 1994 CIVIL PROCEDURE 07-3-3298 Robert A. Beck, III v. Lampf, Lipkind, Prupis & Petigrow, P.C., Law Div. (8 pp.) Where plaintiff sought permission to take depositions in Florida to be used at trial, trial court held that it would allow the depositions to be taken, and it would wait until the end of trial to determine who would pay the costs, bearing in mind that the normal rule is to award costs to the prevailing party. [Approved for publication May 16, 1994.] INSURANCE – AUTOMOBILES – CONSTITUTIONAL LAW 23-2-3299 Hyacenth Walcott v. New Jersey Auto. Full Ins. Underwriting Ass’n, App. Div. (7 pp.) Where plaintiffs on constitutional grounds challenged the Insurance Commissioner’s decisions deferring the payment of JUA claims for 18 months, appellate court held that the commissioner’s decisions complied with all constitutional and procedural guidelines, since the decisions are supported by substantial evidence. JURISDICTION – INSURANCE – ENVIRONMENT 24-2-3300 Olin Hunt Specialty Prods., Inc. v. Walbrook Ins. Co. Ltd., et al., App. Div.(3 pp.) Where plaintiff sued for declaratory relief and damages under insurance policies, which defendants issued for environmental sites in three states, trial court properly held that plaintiff’s complaint is dismissed on forum non conveniens grounds, since there is an action pending in the federal court in New York; the order is modified, however, to be without prejudice so plaintiff can litigate any remaining matters not addressed by any other court. PUBLIC EMPLOYEES – CONTRACTS 33-1-3301 Hillside PBA Local 207 v. Borough of Hillside, Supreme Ct. (22 pp) Where the Public Employment Relations Commission appointed an arbitrator, who properly found that the PBA local’s requested salary increase was reasonable and modest, the appellate court erred in reversing the arbitrator’s decision, since even though the arbitrator did not comply with a section of the Compulsory Interest Arbitration Act, the award would not be disturbed because the borough already paid the police. 33-1-3302 Township of Washington v. New Jersey State Policemen’s Benevolent Ass’n, Inc., Local 206, Supreme Ct. (9 pp)(Companion case to 33-1-3301) Where the Public Employment Relations Commission appointed an arbitrator, who accepted the PBA local’s last offer on salary increases, the appellate court erred in reversing the arbitrator’s decision, since, even though the arbitrator did not comply with the requirements of the Compulsory Interest Arbitration Act and improperly placed on the township the burden of demonstrating that it could not afford the pay increase, the award would not be disturbed because the contract in question expired and the township never sought a stay of the arbitrator’s award. REAL ESTATE 34-2-3303 Estrella Piemontese v. Charles Blumenhkel, trading as Blue Realty Co., and Sasha Shanberg, App. Div. (5 pp.) Where plaintiff real estate broker sued defendant property owner and producing broker for commissions on two apartment rentals while plaintiff’s listing agreement was still in effect, trial court should have held both defendants liable, and not just the owner, since the producing broker had knowledge of the listing agreement. CRIMINAL LAW AND PROCEDURE 14-2-3304 State v. Winston Orlando Collado, App. Div. (5 pp.) Where defendant was convicted of cocaine possession with intent to distribute, trial court properly denied defendant’s motion to suppress the evidence seized at his arrest, since the judge’s findings and conclusions are supported by substantial credible evidence in the record. 14-2-3305 State v. Joseph C. Walls, App. Div. (6 pp.) Where jury, which found defendant not guilty of first-degree sexual assault, was deadlocked on second-degree sexual assault and another charge, trial court properly instructed the jury to continue its deliberations on the remaining two charges, since the decision was based on applicable case law.

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