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VOL. 2, NO. 125 DECISIONS RELEASED JULY 12, 1994 AGENCY AND PARTNERSHIP 02-2-3739 Conklin Farm v. Doris Leibowitz, App. Div. (7 pp.) Trial court erred in holding that defendant was not responsible for interest, which accrued on a preexisting note, after her admission into a partnership, on grounds that interest was not a separate and distinct obligation but arose from the note itself, since the interest is a separate obligation, and the new partner is liable to pay the interest, out of personal assets, like the others. EDUCATION 16-1-3740 Raymond Arthur Abbott, et al., v. Fred G. Burke, et al., Supreme Ct. (22 pp.) Chancery court properly held the state Quality Education Act unconstitutional, since it failed to assure equal expenditures between special needs districts and more affluent districts. ENVIRONMENT – TORTS 17-2-3741 Salem Packing Co. v. New Jersey Dep’t of Envtl. Protection and Energy, Div. of Water Resources, App. Div. (15 pp.) Where the DEPE fined a meat-packing plant $45,000 for allowing wash water from the kill area to drain into an adjacent field, the fine was not excessive, since the plant had been cited in the past and its actions were intentional. WILLS AND TRUSTS – CIVIL PROCEDURE 38-2-3742 Neal Silberberg v. Richard Silberberg, Esq., et al., App. Div. (9 pp.) Where plaintiff, decedent’s son, sued his brother and others to recover expenses in reliance on the defendants’ failure to advise him that decedent’s will was a forgery, trial court erred in holding that plaintiff’s claim against his brother was barred by res judicata, since the settlement between the parties was not a final determination on the merits of whether the will was authentic, it just limited the brothers’ estate shares. CRIMINAL LAW AND PROCEDURE 14-2-3743 State v. Angela Barrow, App. Div. (4 pp.) Where a reliable informant and neighbors told police that defendant was selling crack out of her apartment, trial court properly denied defendant’s motion to suppress evidence, since the warrant issued to search defendant’s apartment was based on probable cause. 14-2-3744 State v. John A. Fernicola, App. Div. (13 pp.) Where defendant pled guilty to fourth-degree theft of electricity from a utility, trial court erred in concluding that a defendant may be required to make restitution only for the period he or she benefited from a theft, since under N.J.S.A. 2C:20-8b, the theft requiring restitution may be for another’s benefit, beyond his or her own; the trial court’s conclusion was harmless error because defendant’s plea contained an admission of guilt only for the period he owned the motel. 14-2-3745 State v. Moses King, App. Div. (14 pp.) Where defendant, who possibly had chronic schizophrenia, was convicted of fourth-degree criminal trespass, trial judge properly did not instruct the jury, sua sponte, on insanity, since defendant’s valid waiver of the insanity defense precluded the judge. 14-2-3746 State v. Robert W. Robinson, App. Div. (17 pp.) Where defendant was convicted of aggravated assault, trial court denied defendant’s motion for acquittal, since pushing an elderly woman with enough force to cause her to fall over a tombstone constituted an attempt to cause serious bodily injury. 14-2-3747 State v. Radames A. Torres, App. Div. (8 pp.) Where, during summation arguments at a burglary trial, prosecutor’s statements about what either defendant should have done were improper, but reversal was not warranted, since the trial judge’s curative instructions to the jury removed any prejudice.

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