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VOL. 2, NO. 108 DECISIONS RELEASED JUNE 16, 1994 CIVIL PROCEDURE – TORTS – LANDLORD/TENANT 07-2-3526 Kathleen Dechesare v. Penni Coughlin Shehaiber, App. Div. (5 pp.) Where defendant tenant repeatedly failed to appear at hearings for assault charges that plaintiff landlord filed, trial court properly denied tenant’s motion to vacate a judgment, since the tenant showed a complete disregard for the court. LABOR AND EMPLOYMENT 25-2-3527 Erna O’Neill v. Bd. of Educ. of the Borough of Fort Lee, App. Div. (4 pp.) Where plaintiff sued borough when it abolished her full-time clerk position for budgetary reasons and offered her a part-time per diem position, state Education Commissioner properly held that the borough was not required to consolidate two part-time positions to keep her full-time position, since each position was at a different school and demanded the same hours. LANDLORD/TENANT 27-2-3528 Lisa Kirchgessner v. Anasthasios Pollatos, App. Div. (4 pp.) Where defendant landlord — who instituted an eviction action against tenant for not paying rent — pursuant to settlement stipulation returned tenant’s security deposit, and then tenant sued landlord for relocation damages and other costs, trial court properly dismissed complaint, since both parties considered the settlement a termination of all the issues between them. LAND USE 26-2-3529 John Kountouris, et al. v. John E. Tzavlakis, et al., App. Div. (4 pp.) Where defendants sold plaintiffs a lot adjacent to their property with a provision for a five-foot driveway easement, trial court erred in holding that a valid easement was created in the lot’s sale contract, since a subsequent deed contained a valid driveway-easement reservation. TORTS – GOVERNMENT 36-2-3530 Jodi A. Culmone v. Borough of Ringwood and County of Passaic, et al., App. Div. (5 pp.) Where plaintiff — who was injured when her car skidded on a snow-covered roadway with loose pavement — sued township for not repairing road, trial court erred in dismissing the complaint on grounds that (1) township’s failure to make repairs due to budget constraints was reasonable, since the number of accidents in that area and potholes suggested that the township’s decision was anything but reasonable, and (2) weather immunity, under N.J.S.A. 59:4-7, barred the claim, because it only applies when weather solely causes the accident. CRIMINAL LAW AND PROCEDURE 14-2-3531 State v. Tilman Garnet, App. Div. (5 pp.) Where defendant, who was convicted of third-degree crack possession, claimed that prosecutor’s summation remarks — that the state’s expert testimony was uncontroverted — deprived him of a fair trial, trial court properly denied defendant’s claim, since the judge’s curative instructions removed any prejudice the remarks may have caused. 14-2-3532 State v. Raymond K. Cox, App. Div. (3 pp.) Where defendant was arrested for drug possession and defendant’s sister voluntarily let arresting officer into a second sister’s apartment, where the officer found defendant’s gun and drugs, trial court properly denied defendant’s suppression motion, since the sister had apparent authority to consent to a search, even after both sisters testified that the sister consenting to the search only had authority to enter the apartment in case of an emergency regarding her niece. 14-2-3533 State v. Maurice Nero, App. Div. (4 pp.) Where defendant who was convicted of second-degree sexual assault, claimed that he did not have an impartial jury because one juror believed that she saw defendant on a cable television show called Paterson’s Most Wanted, trial court properly denied defendant’s claim, since the officer who selected the program’s material testified that defendant was not featured. 14-2-3534 State v. Lorenzo Romano, App. Div. (6 pp.) Municipal court erred in convicting defendant of permitting an intoxicated friend to drive his automobile, since the court did not make a finding that defendant agreed to let his friend use his car. 14-1-3535 State v. Seven Thousand Dollars, et al., Supreme Court (31 pp. incl. dissent) Where state brought a civil forfeiture proceeding claiming that $7,000 seized from defendant’s car was to be used for criminal purposes, trial court erred in granting forfeiture motion, since the state failed to prove that the money was substantially and directly related to an indictable crime.

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