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Vol. 2, No. 73 DECISIONS ISSUED APRIL 27, 1994 DEBTOR/CREDITOR 15-2-3150 Fleet Bank of Maine v. Vernon Chevalier, App. Div. (6 pp.) Where defendant, a New Jersey resident, had guarantied certain promissory notes given by Recycling Systems, Inc. to plaintiff bank, trial court properly entered summary judgment in favor of plaintiff bank, granting full faith and credit to a Maine foreclosure judgment against the defendant, since all the issues defendant raised did not go to the validity or the soundness of the judgment itself, and where a court has personal and subject matter jurisdiction over a foreign judgment, it should be given full faith and credit. INSURANCE – AUTOMOBILES – LABOR AND EMPLOYMENT 23-2-3151 Laird & Co., Inc. Kenneth Wilkins and Continental Ins. Co. v. Continental Casualty Co. and Buske Lines, Inc., App. Div. (3 pp.) Where plaintiff/Laird and its insurer sued defendant/Buske Lines and its carrier (Continental Casualty) for indemnification, for money plaintiff’s insurer had paid out in settling suit brought by Buske Lines’ employee who was injured on Laird’s premises by a forklift, trial court erred in granting summary judgment to defendants upholding policy provision that excluded coverage for injury sustained by most mechanical devices not attached to a covered automobile, since the exclusion was invalid and against public policy. WORKERS’ COMPENSATION 39-2-3152 Barbara C. Post v. Corporate A.V., Inc., App. Div. (6 pp.) Where plaintiff employee was injured on the job and parties had agreed on a settlement, workers’ compensation judge erred in ordering sua sponte a rate change based solely on hearsay evidence he had obtained, since the judges’ decision was not based upon substantial credible proof on the whole record. CRIMINAL LAW AND PROCEDURE 14-2-3153 State v. Lenard Mitchell, App. Div. (10 pp.) Where defendant was convicted in state court of multiple armed-robbery counts, unlawful handgun possession, and aggravated assault by pointing a handgun, and was tried in state and federal court on charges resulting from the same incidents, trial court erred in convicting defendant of charges mentioned above for a June 19, 1990, robbery, since defendant’s charges involved the “same conduct” as that resulting in the federal conviction, and must be dismissed under N.J.S.A. 2C:1-11a. 14-2-3154 State v. Clarence Scott, App. Div. (6 pp.) Where Family Court waived jurisdiction over defendant, who pleaded guilty to first-degree armed robbery, trial court in trying defendant as an adult properly concluded that defendant failed to carry his burden of proving the probability of rehabilitation before age 19 so that he could be treated as a juvenile, since judge’s conclusion was grounded in competent, reasonably credible evidence because defendant’s expert psychologist stated that he could not say with a reasonable degree of psychological certainty that the defendant could be rehabilitated before he reached age 19.

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