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VOL. 2, NO. 120 DECISIONS RELEASED JULY 5, 1994 FAMILY LAW 20-2-3681 Gilbert Sturr v. Janet Sturr, App. Div. (4 pp.) Where defendant wife — who tried to have real property transferred to her name under divorce agreement and discovered that the property was subject to two liens which were greater than the property’s value because of plaintiff husband’s debts — wanted the couple’s divorce judgment vacated, trial judge properly denied wife’s request, since, due to the marital estate’s insolvency, the wife would not get anything. INSURANCE – AUTOMOBILES 23-2-3682 Phyllis J. Boyer and Robert J. Boyer v. Am. Reliance Ins. Co., App. Div. (6 pp.) Where insurer of van, in which plaintiff passenger was injured in an one-vehicle accident, denied coverage, claiming that girlfriend of a driver authorized to take van for repairs only was not covered under the policy, trial court erred in holding that the driver was a permissive user, since a factual question existed as to whether the permission to use the van ended after it was repaired. LABOR AND EMPLOYMENT 25-2-3683 Sarah Cusimano v. Bd. of Review, App. Div. (5 pp.) Where plaintiff, whose work as a live-in nurse ceased when the woman she cared for was hospitalized but was offered job back when woman returned home, applied for unemployment compensation, unemployment review board properly denied her benefits, since the nurse left without good cause attributable to her work based on the employer’s credible testimony. LANDLORD/TENANT 27-2-3684 Rose Morringello v. Garden Park Assocs., App. Div. (3 pp.) Where tenant sued trailer park for taking her trailer and not allowing her to sell her mobile home from its trailer pad, trial court properly denied tenant’s claim, since the holding in Metpark, Inc. v. Rensharper, 206 N.J. Super. 151 (Law Div. 1985), only requires that the park allow a legal occupant, not an evicted tenant, to stay in the park to sell a trailer. REAL ESTATE – CONTRACTS 34-2-3685 Mertz Corp. v. Dale Corp. and MJL Indus. Sales, Inc. v. William Ensminger and Mavonne Ensminger, App. Div. (4 pp.) Where exclusive real estate agent did not know that the building owner had settled a lawsuit with potential buyer for contract breach after buyer could not purchase property, trial court properly held that buyer did not owe broker any commission losses, since (1) the buyer acted in good faith; (2) there were substantial delays in the potential sale date; and (3) there were economic reasons that resulted in an inability to close title. LAND USE 26-2-3686 Gusamber Co. v. Planning Bd. of the City of Hackensack and JMB Retail Properties Co. Dev. Group, App. Div. (11 pp.) Where development company gave adjoining property owners 10 days notice about its application to expand a shopping center, as required by law, board’s decision not to adjourn the hearing was harmless error, since the plaintiff property owner received a full and fair hearing, and was represented by competent counsel. CRIMINAL LAW AND PROCEDURE 14-2-3687 State v. Hervey Gunn, App. Div. (6 pp.) Where defendant was convicted of rape and sentenced under the Sex Offender Act for an indeterminate term not to exceed 30 years at the Avenel Adult Diagnostic and Treatment Center, resentencing panel properly denied his motion, since defendant, a habitual sex offender, is subject to an extended term under N.J.S.A. 2C:43- 7(a)(2), and failed to establish the threshold requirement for resentencing consideration under N.J.S.A. 2C:1-1(d)(2). 14-2-3688 State v. Francisco Lado, App. Div. (22 pp.) Where defendant — who was convicted of murdering a co-worker and assaulting his wife — claimed that the trial court erred in permitting defendant’s wife to testify about conversations they had while they were married, trial court properly concluded that the testimony was admissible, under Evid. R. 28, now N.J.R.E. 509, since the prohibition against confidential disclosures did not apply to a “criminal action or proceeding coming within Rule 23(2),” which included the defendant’s crimes. 14-2-3689 State v. David K. Mullen, App. Div. (10 pp.) Where defendant was convicted of sexually assaulting his wife, trial court’s admission of witness’s testimony under the fresh- complaint doctrine regarding what the wife told witnesses about the assault was harmless error — even though only the fact of telling witnesses is admissible and testimony about the sexual assault might have been inadmissible — since the wife gave detailed and substantially identical testimony to that of the witnesses. 14-2-3690 State v. Patrick Roberts, App. Div. (6 pp.) Where car driver was convicted of cocaine possession with intent to distribute after his girlfriend kicked a bag of cocaine down a sewer grate during a lawful traffic stop, trial court properly denied driver’s motion for acquittal, since there was sufficient evidence that a jury could fairly have inferred that the both co-defendants were distributing cocaine. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES – AUTOMOBILES 14-2-3691 State v. Richard Cuneo, App. Div. (8 pp.) Where municipal court judge found that defendant, who was charged with driving under the influence and other motor-vehicle violations from his alleged operation of a truck, did not operate the vehicle, the Superior Court judge on appeal erred in reversing the municipal court decision on grounds that the decision was against the weight of the evidence, since the municipal court proceeding was a trial and double jeopardy attached, precluding a retrial.

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