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VOL. 2, NO. 91 DECISIONS RELEASED MAY 23, 1994 CONTRACTS – REAL ESTATE 11-2-3337 David Leeper v. Arthur Weintraub, App. Div. (4 pp.) In suit by prospective buyer for attorneys’ fees and other damages, against seller who cancelled house sale on ground that buyer received only an oral mortgage commitment by the contract deadline, special civil part judge erred in finding mortgage-commitment clause satisfied, since an oral commitment generally does not bind a mortgage lender, and the clause was silent on whether or not the commitment had to be in writing. LAND USE – JURISDICTION 26-2-3338 Township of Waterford, et al. v. Renaissance Broadcasting Corp., App. Div. (11 pp.) Where Appellate Division affirmed, under R.1:13-4, rulings by the Law Division affirming a township’s decision to deny variances, jurisdictional challenge to rulings was dismissed. PHYSICIAN/PATIENT – NEGLIGENCE 29-2-3339 Veronica Scalford Griffith, et al., v. Susan M. Weil, M.D., et al., App. Div. (4 pp.) Where patient had a hysterectomy a week after having a Caesarian-section delivery in 1987, requested her medical file from the hospital in early 1991, but did not file her medical malpractice complaint until early 1992, complaint was properly dismissed as time-barred, since plaintiff should have known that the hysterectomy may have been due to the obstetrician’s alleged negligence. CRIMINAL LAW AND PROCEDURE – ATTORNEY/CLIENT – NEGLIGENCE 14-2-3340 State v. Thomas Green, App. Div. (26 pp.) Neither attorney’s drug dependency nor his temporary suspension for failure to pay his annual fee constituted ineffective assistance of counsel, since neither resulted in denial of a fair trial, and client’s convictions of felony murder and cocaine possession were allowed to stand. CRIMINAL LAW AND PROCEDURE 14-2-3341 State v. William DeJesus, App. Div. (4 pp.) Where defendant was convicted of second-degree cocaine possession with intent to distribute, trial court properly sentenced the defendant, however the case is remanded so the prosecutor can set forth on the record why he refused to waive defendant’s mandatory term. 14-1-3342 State v. Luis Jijon, Supreme Ct. (6 pp.) Where defendant, who was found guilty of joyriding and burglary, appellate court properly rejected claim that joyriding is not an underlying offense of burglary, since convictions were consistent with the burglary statute provisions. 14-2-3343 State v. David A. Neild and Newton Kirkland, App. Div. (8 pp.) Where defendants were jointly convicted of murder, trial court erred in charging the jury about accomplice liability, since the guidelines in State v. Bielkiewicz, 267 N.J. Super 520 (App. Div. 1993) were not followed. 14-2-3344 State v. Hanson Robinson, App. Div. (4 pp) Where prosecutor made unfounded statements during summation at trial for cocaine possession that the defendant “had been partying,” statements did not deprive defendant of a fair trial, since defense counsel did not object at trial, and the statements were not so egregious as to deprive defendant of a fair trial.

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