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VOL. 2, NO. 122 DECISIONS RELEASED JULY 7, 1994 ADMINISTRATIVE LAW AND PROCEDURE – CONTRACTS – ENVIRONMENT 01-2-3701 State of New Jersey, Bd. of Pub. Utils. and New Jersey Dep’t of Envtl. Protection and Energy v. Sal Car Transfer Sys., Inc. and James Ribaudo, et al., App. Div. (9 pp.) Where, in administrative court, the DEPE sued defendants for operating a solid waste facility without a permit and for accepting more waste daily than permitted, and in Superior Court, Bergen County instituted its own suit on the second violation, trial court properly joined Superior Court action with administrative proceedings, since absent constitutional and statutory requirements, courts do not have the authority to prohibit an administrative agency from exercising its jurisdiction. GOVERNMENT – CONTRACTS 21-1-3702 George Harms Constr. Co., Inc. v. New Jersey Turnpike Auth., Supreme Ct. (70 pp. incl. concurrence) Where plaintiff company appealed turnpike authority resolution requiring company and other contractors, which were awarded contracts for turnpike widening, to enter into project-labor agreements with a certain union, appellate court erred in upholding the resolution, since New Jersey public-bidding laws do not permit state agencies to require contractors to enter into agreements with designated unions. INSURANCE – AUTOMOBILES 23-2-3703 Peter G. Malouf and Malouf’s Driving School and Karen Loniewski, et al., v. The Aetna Casualty and Sur. Co., and The New Jersey Auto. Full Ins. Underwriting Ass’n, et al., App. Div. (9 pp.) Where driving-school president, while operating a school car that he did not normally use, was involved in an auto accident and he sued insurers that covered the school’s cars for coverage, trial court erred in holding that the president was covered, since the non-covered vehicles exclusion precluded coverage, because the car was not available for the president’s regular use. TORTS 36-3-3704 William Sherlock, et al. v. Am. Legion, et al., Law Div. (16 pp.) Where plaintiff, who could not continue playing on a particular defendant-sponsored baseball team due to violation of legion rules, filed suit so the court could determine whether the legion followed its procedures in removing him, trial court dismissed the complaint, since the plaintiff could still play baseball on another team. WORKERS’ COMPENSATION – TORTS 39-2-3705 Ahmed N. Akef v. BASF Corp., Celotex Corp., et al., App. Div. (21 pp.) Where employee filed a claim for injuries from his exposure to harmful substances while at BASF, and then filed another claim alleging an aggravated pre-existing condition while at Celotex, trial court erred in dismissing the claim against Celotex on grounds that the employee had materially misrepresented his medical condition on his employment application, since New Jersey’s workers’ compensation statute does not include such a defense, and statutory construction does not favor the court creating one. CRIMINAL LAW AND PROCEDURE 14-2-3706 State v. Lawrence McGugan, App. Div. (4 pp.) Where defendant, who was convicted of second-degree sexual assault, claimed that state failed to prove its case beyond a reasonable doubt, trial court properly convicted the defendant, since the jury found the victim’s testimony credible. 14-2-3707 State v. Maurice Nevius, App. Div. (11 pp.) Where defendant was convicted of cocaine distribution, trial judge properly “interrupted” defense counsel’s questioning of a defense witness about claims that the witness, not the defendant, may have sold the cocaine, since the judge did not advise the witness of his rights, instead disallowing the line of questioning after the witness invoked his Fifth Amendment privilege. 14-2-3708 State v. Frank Randell, App. Div. (10 pp.) Where defendant was convicted of first-degree robbery, trial court properly sentenced him under the Graves Act even though the defendant was not notified in writing before the sentencing hearing, since the defendant was not prejudiced, the prior conviction was recent, and those involved in this case knew about it.

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