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VOL. 2, NO. 110 DECISIONS RELEASED JUNE 20, 1994 CIVIL PROCEDURE – TORTS 07-2-3550 Walter Sattleberger and Irene Sattleberger v. Calvary Baptist Church, App. Div. (17 pp.) Where plaintiff police officer was injured when he fell on a sidewalk abutting church’s property while chasing a suspect, trial court properly dismissed default judgment entered against the church, since the minister honestly believed that (1) the injuries did not occur on church property, and (2) church could not be held liable and did not want to spend church funds on legal fees. DEBTOR/CREDITOR 15-2-3551 Midlantic Nat’l Bank v. Long Key Yacht Club and Marina, et al., App. Div. (15 pp.) Where defendant bank began foreclosure proceedings on personal properties of mortgagors’, who had personally guarantied the mortgage, trial court properly granted bank’s summary judgment motions allowing the bank to foreclose on mortgagors’ personal properties, since no factual issues existed. INSURANCE – AUTOMOBILES 23-2-3552 Edith Gonnella v. Melanie Johnson, App. Div. (5 pp.) Where plaintiff, who sustained soft tissue and back injuries in an automobile accident, could no longer play sports or help around the house, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since her injuries seriously affected her. INSURANCE – CONTRACTS 23-2-3553 United S. Assurance Co. v. William Camarata and Judith Lynn Page, et al. Commerce Bank et al, App. Div. (12 pp.) Where defendant repossession company’s employee, while returning debtor’s trailer to debtor on court order, was involved in an accident, trial court erred in granting repossession company’s summary judgment motion compelling debtor’s insurer to defend the employee, on grounds that he was a permissive user, since factual questions existed as to employee’s status. JURISDICTION – CIVIL PROCEDURE 24-2-3554 A. Jared Silverman, Chief, New Jersey Bureau of Secs. v. Robert Gary Berkson, App. Div. (5 pp.) Where a bureau employee served defendant at his New York home with a subpoena, trial court erred in upholding the subpoena, since the minimum contacts that defendant had with the state did not support the subpoena’s issuance. LABOR AND EMPLOYMENT 25-2-3555 Charles P. Roman, III v. State of New Jersey Dep’t of Labor Bd. of Review and City of Atl. City, App. Div. (5 pp.) Where former police officer was convicted of federal charges of conspiracy to possess cocaine, review board properly denied unemployment benefits, since contrary to his claim the federal conviction was also a state offense. LABOR AND EMPLOYMENT – CIVIL RIGHTS 25-2-3556 William Craig, et al. v. Suburban Cablevision, Inc., et al., App. Div. (12 pp.) Where former employees sued employer for LAD violations, trial court erred in dismissing retaliatory discharge allegations for lack of standing, since co-workers or co-employed relatives of an employee, who has asserted LAD rights, must have standing when they have suffered retaliation due to a co-employee’s actions, rather than their own supportive conduct. PRODUCT LIABILITY 32-2-3557 Patrick McCarthy v. Lord & Taylor, Automotion, Inc., App. Div. (7 pp.) Where an employee’s hand was injured as he attempted to straighten out boxes on a conveyor designed and installed by defendant Automotion at employer’s warehouse, and jury found employer 80 percent and Automotion 20 percent at fault, trial court properly denied employer’s motion for a judgment notwithstanding the verdict, since the employer (1) did not take necessary steps to make sure that boxes were loaded properly, and (2) should not have sent the employee to “an unanticipated work station.” REAL ESTATE 34-2-3558 Frank Papasso and Anne Marie Papasso v. Mary T. Bashtarz, et al., App. Div. (10 pp.) Where, in suit against inspection company and home sellers for termite infestation, company claimed that after a jury found for the home buyers that a settlement was reached, trial court properly denied the company’s motion to enforce the settlement, since the plaintiffs told company that they would not take action to satisfy the judgment until an appeal against the sellers was resolved. 34-2-3559 Jane Walker v. Briarwood Condo Ass’n, App. Div. (8 pp.) Where condominium owner was fined because her son parked a truck on a frozen lawn and let his dog run loose while helping her move, trial court properly held that the fines were inappropriate, since (1) the owner did not maintain a pet on the premises in violation of the condominium rules, and (2) the lawn was not damaged. TAXATION 35-2-3560 Joseph Cooperstein v. State Div. of Taxation, App. Div. (5 pp.) Tax judge properly absolved from personal liability chief executive officer, who did not sign checks but had the authority, on unpaid sales taxes and gross-income withholding taxes, since the CEO did not have the duty to act. TORTS 36-2-3561 Charles C. Ward and Mary B. Ward v. Johanan Zelikovsky, Supreme Ct. (36 pp. inc. concurrence) Where plaintiff condominium owners sued another owner for slander for telling condominium association meeting attendees not to listen to speakers because they “don’t like Jews,” trial court erred in awarding plaintiffs damages, since the statements were not actionable because of their context, their lack of any special damages, and the fact that they weren’t verifiable. 36-2-3562 John R. Zarka v. Laura Krause Zoppi and Nicholas Zoppi, App. Div. (5 pp.) Where employee sued co-worker and her fiance at the time for defamation because co-worker told her supervisor that she thought the employee made harassing telephone calls to her home, trial court properly dismissed the complaint, since (1) there was no proof that the fiance made any statements, and (2) the co-worker and her superior had sufficient community of interest to make the alleged defamatory statement a qualified privilege. CRIMINAL LAW AND PROCEDURE 14-2-3563 State v. Anthony Gallagher, App. Div. (22 pp.) Where defendant was convicted of racketeering and triggering slot-machine jackpots, trial court erred in revoking defendant’s right of self-representation, since the defendant’s failure to meet the trial court’s expectations regarding motion filing did not justify the revocation. 14-1-3564 State v. Juan Darnell Smith, Supreme Ct. (18 pp. incl. dissent) Where defendant was convicted of robbing a taxi driver with a knife, after trying to pay his fare with counterfeit money, appellate court erred in holding that the trial judge should have instructed the jury on “theft of services,” since it is not a lesser-included offense of robbery. CRIMINAL LAW AND PROCEDURE – ENVIRONMENT 14-2-3565 State v. Larry Angelo, App. Div. (10 pp.) Where the Kearny sewage treatment plant chief operator was convicted of ordering his employees to illegally dump toxic sludge from the treatment plant, trial court properly instructed the jury that the state had to prove that the defendant knew that the sludge contained toxic pollutants, since a good portion of the charge concentrated on defendant’s knowledge.

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