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VOL. 2, NO. 105 DECISIONS RELEASED JUNE 13, 1994 AUTOMOBILES – CONSUMER PROTECTION 05-2-3498 In re Carol Guarino, App. Div. (14 pp.) Plaintiff’s request for a hearing under the lemon law — for numerous problems she had with a Jeep Grand Cherokee — was properly denied, since it was filed after the protection had expired, under N.J.A.C. 123:45A-26.7(b)5. DEBTOR/CREDITOR – REAL ESTATE 15-2-3499 Reddington #7, A Limited Partnership v. Robert Ronquist, et al., App. Div. (17 pp.) Where plaintiff agreed to purchase land from defendant, and price was based on the number of lots for which plaintiff could obtain final subdivision approval, trial court properly readjusted mortgage and interest payments made during dispute, since the evidence clearly supported the judge’s finding that the defendant knowingly and purposely interfered with plaintiff’s subdivision application. FAMILY LAW 20-2-3500 Paul H. Hoffman v. Margaret L. Hoffman, App. Div. (5 pp.) Where ex-wife filed motion to compel past-due alimony from former husband, who had not paid anything and had obtained a bankruptcy discharge, trial court erred in not determining whether the bankruptcy discharge removed husband’s alimony obligation; the matter is remanded for further findings. 20-2-3501 Candice Marshall v. Brian Kelley, App. Div. (5 pp.) Where ex-wife sued former husband for back alimony and child-support payments, on the papers, trial court erred in not granting wife’s entire request on grounds that she sat on her rights, since without a plenary hearing, the trial court lacked an adequate basis to render a decision. LABOR AND EMPLOYMENT 25-2-3502 Charles E. Merritt Jr. v. Bd. of Review, Dep’t of Labor and Newark Morning Ledger Co., App. Div. (3 pp.) Where plaintiff failed to notify the unemployment office that he was working part-time, review board properly required defendant to repay benefits improperly received, pay a fine, and be disqualified from receiving benefits for one year. REAL ESTATE – NEGLIGENCE 34-1-3503 Carl Horosz, et al. v. Alps Estates, Inc., et al., Supreme Ct. (14 pp.) Where in 1989, homeowners who purchased a house in 1977 sued developer for negligent foundation repairs in 1982, trial court erred in dismissing the complaint on the grounds that the suit was filed more than 10 years after title had passed, under N.J.S.A. 2A:14-1.1, the statute of repose, since when a developer performs repair work that is an improvement to real property, the homeowner has 10 years from completion to file an action dealing specifically with the work. CRIMINAL LAW AND PROCEDURE 14-2-3504 State v. Gladstone Messam, App. Div. (6 pp.) Where defendant was convicted of murder, trial court properly denied his post-conviction relief application based on an improper search of his car, since the police officer had probable cause to search the car when the officer saw the blood-stained papers in plain view. 14-2-3505 State v. Phillip Ribaudo, App. Div. (4 pp.) Where defendant pled guilty to gun possession without a carrier’s permit, trial court properly held that evidence of the gun should not be suppressed, since the defendant never made any attempt to comply with N.J.S.A. 2C:39-12, which deals with the voluntary surrender of guns. 14-2-3506 State v. Lawrence Thomas, App. Div. (5 pp.) Where defendant pled guilty to unlawful weapon possession, trial court properly denied defendant’s motion to suppress evidence of the gun, which the arresting officer found in a car’s ripped front-door panel, since the search was incident to a lawful arrest.

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