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VOL. 2, NO. 96 DECISIONS RELEASED MAY 31, 1994 ATTORNEY/CLIENT – NEGLIGENCE 04-2-3405 Anil C. Kothari, and Int’l Inv. Group, Inc. v. Wiley, Malehorn & Sirota, Esqs., et al., App. Div. (6 pp.) Where developer hired a law firm to prepare a limited partnership agreement and to close title on land to be purchased by the limited partnership, trial court properly dismissed developer’s legal malpractice and fraud claims filed in 1993 (for negligence in searching title and cooperating in 1983 and 1984 in federal and state investigations) since the six-year statute-of- limitations had run. AUTOMOBILES – NEGLIGENCE 05-2-3406 Dennis Popick and Mrs. Dennis Popick v. Chi Jen Hsieh, et al., App. Div. (6 pp.) Where jury found in favor of defendants in auto accident case where defendants’ cars slid into plaintiffs’ car on a snow covered hill, trial court properly denied plaintiffs’ motion for a new trial, since the trial judge, after polling the jury, was absolutely satisfied that there was a five-to-one verdict. COMMERCIAL TRANSACTIONS 08-2-3407 Wallach’s Poultry Farms v. J.L. Produce, Inc., App. Div. (9 pp.) Where a salesman for plaintiff poultry farm sold eggs to defendant store owner for cash, and farm sued store owner for payment, trial court properly held that both the farm and the store owner had been victimized by a fraudulent scheme conducted by the salesman, and that the farm should bear the loss, since the salesman had the apparent authority to carry on business for the farm. FAMILY LAW – TORTS 20-2-3408 Sharon Haymes v. The Elmer and Mamdouha Bobst Found., Inc., et al., App. Div. (5 pp.) Where great granddaughter, a drug addict and alcoholic, sued her great grandfather’s estate, for alleged sexual abuse in 1976, trial court properly dismissed the great granddaughter’s complaint, which was filed in October 1991, since the six-year statute of limitations was not tolled under N.J.S.A. 2A:14-21, because the great granddaughter had not repressed the memory. CRIMINAL LAW AND PROCEDURE 14-2-3409 State v. Charles Anderson, App. Div. (4 pp.) Where defendant was convicted of second-degree robbery, trial court properly denied an acquittal motion on the basis that defendant did not use force, since the evidence clearly demonstrated that the defendant used force to carry out the theft. 14-2-3410 State v. Randy Lavell Crawford, App. Div. (8 pp.) Where defendant was convicted of aggravated assault, trial judge properly admitted into evidence two witnesses’ prior inconsistent statements made while in police custody, since the judge followed the guidelines, and the potential for prejudice was minimized by the vigorous cross-examination of the witnesses. 14-2-3411 State v. Susie Holloway, App. Div. (12 pp.) Where defendant was convicted of manslaughter and accomplice liability for the death of her foster child, trial court properly instructed the jury on the charges, since the judge substantially repeated the statutory language and pertinent case law. 14-2-3412 State v. Herman Thomas, App. Div. (7 pp.) Where defendant was convicted of burglary and controlled dangerous substance possession, trial court properly did not charge the jury on the lesser-included offense of criminal trespass, since the charge of burglary includes the added element of intent, which is not necessary for a criminal trespass conviction. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-3413 State v. Steven Zavagli, App. Div. (3 pp.) Where defendant was convicted of driving while impaired, trial court properly denied defendant’s adjournment request to permit his expert to review a report certifying that the alcohol simulator solution was properly constituted, since there is no judicial holding requiring that the simulator solution be certified or released to defense counsel.

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