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Vol. 2, No. 76 DECISIONS ISSUED MAY 2, 1994 ALCOHOLIC BEVERAGES 47-2-3178 In the Matter of Nessie’s, Inc. v. Holder of Plenary Retail Consumption License No. 1214-33-056-003 Issued by the Mayor and Council of the City of New Brunswick, App. Div. (20 pp.) Where defendant Alcoholic Beverage Control revoked go-go bar-owner plaintiff’s liquor license for lewdness, administrative law judge properly affirmed license revocation and should not have imposed a lesser sanction, since ABC has broad discretion and plaintiff’s establishment had a record of numerous violations, which was supported by fact that plaintiff was also found guilty of operating a nuisance. INSURANCE – AUTOMOBILES – GOVERNMENT 23-2-3179 In the Matter of the Requests for the Hearing of the Am. Reliance Casualty Co. and Am. Reliance Ins. Co., et al. App. Div. (9 pp.) Where insurers requested refunds for 1992 surtaxes and assessments imposed on them by the Fair Automobile Insurance Reform Act of 1990, because insurers were in poor financial condition due to losses incurred in 1992 from Hurricane Andrew, Insurance Commissioner properly denied refunds, since (1) money that insurers already paid was not refundable, and (2) when an insurer is in fiscal jeopardy, the statutory scheme adequately provides an exemption from payment and subsequent account adjustments in the following year. INSURANCE – AUTOMOBILES 23-2-3180 Cheyrl Pickett v. Philip Bevacqua and Frank Bevacqua, App. Div. (6 pp.) Where, in a verbal-threshold case, defense counsel during opening argument introduced plaintiff’s verbal- threshold insurance-coverage election as an issue for the jury, trial court erred in failing to instruct the jury to totally disregard defense counsel’s remarks, since this issue should not have been presented to the jury. NEGLIGENCE 31-2-3181 Konrad Hausner v. Jean Maksimow, App. Div. (4 pp.) Where plaintiff was injured when he fell down an interior stairway in defendant’s one-family home, and plaintiff claimed that defendant should have warned him that there was no handrail, trial judge properly determined that defendant had no duty to warn plaintiff, since he was a social guest, and the hazard was observable to anyone using the stairway. REAL ESTATE – CONTRACTS 34-2-3182 Daniel Treinkman v. Marie Eriksen, App. Div. (4 pp.) Where plaintiff and defendant both purchased a single-family home, and defendant fell behind in her share of the mortgage payment and plaintiff sought to purchase defendant’s share of the house, trial court properly determined defendant’s equitable interest in the house, since judge’s determination (1) was based on credible evidence, and (2) prevented any unjust enrichment by plaintiff. CRIMINAL LAW AND PROCEDURE 14-2-3183 State v. Willie Simmons, App. Div. (7 pp.) Where defendant was convicted of third-degree cocaine possession, after police officers conducted a protective pat-down search for gun which was never found, trial court properly determined that the police had probable cause to search for and seize gun in motel room after defendant had beaten and threatened to kill his girlfriend, since arresting officer, who had seen defendant with a gun, knew the motel room that defendant had rented, and saw his jeep parked in front of the room.

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