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Vol. 2, No. 160 DECISIONS RELEASED SEPTEMBER 15, 1994 ARBITRATION AND MEDIATION – INSURANCE – AUTOMOBILES 03-3-3987 Danna M. Salib, et al. v. Darlene Alston, et al., Law Div. (5 pp.) Where plaintiff’s automobile insurance policy mandated arbitration for uninsured motorist claims but permitted a trial de novo on damages, trial court denied trial de novo on liability. [Approved for publication Sept. 14, 1994.] CONSUMER PROTECTION – CONTRACTS 09-1-3988 Albert Cox v. Sears Roebuck & Co., Supreme Ct. (32 pp.) Appellate court erred in holding that Sears’ shoddy renovations of plaintiff’s kitchen did not violate the Consumer Fraud Act, since Sears violated consumer-fraud regulations relating to permits, inspections and certificates, (2) and the plaintiff suffered an ascertainable loss due to Sears’ failure to comply with home improvement practices regulations, N.J.A.C. 13:45A-16.2(a). GOVERNMENT – CONTRACTS 21-3-3989 DeSapio Contr., Inc. v. Township of Clinton and Scozzari Builders, Inc., Law Div. (7 pp.) Trial court held that a contractor’s submission of a letter stating that it would submit consent of surety only if it was awarded the contract was a material, non-waivable defect in its municipal bid application, since (1) there was no guarantee that the surety would issue the bond, and (2) the waiver placed the contractor in an advantageous position over other bidders. [Approved for publication Sept. 14, 1994.] INSURANCE – AUTOMOBILES 23-2-3990 Anthony Suglia v. Peter L. Prince, App. Div. (4 pp.) Trial court properly dismissed plaintiff’s complaint, in which she claimed that a pre-existing back injury was aggravated in the automobile accident, since the medical proofs were inadequate to meet verbal-threshold criteria. LAND USE 26-2-3991 Hillsborough Office Park, LP v. Planning Bd. of the Township of Hillsborough, et al., App. Div. (5 pp.) Trial court properly upheld planning board’s denying for safety reasons plaintiff’s site-plan approval application to build an office building, but erred in holding that the decision was with prejudice, since the board’s concerns could be met after the state Department of Transportation addresses safety issues. 26-3-3992 Ralph Magliochetti v. State of New Jersey, by the Comm’r of Transp., Law Div. (19 pp.) Trial court held that reasonableness of a proposed alternative access to the plaintiff’s restaurant parking lot (1) was a jury issue in an eminent domain action brought by the commissioner and (2) does not have to be decided by an administrative law judge, since no expertise is required to decide the issue. [Approved for publication Sept. 14, 1994.] CRIMINAL LAW AND PROCEDURE 14-2-3993 State v. Craig R. Benford, App. Div. (5 pp.) Trial court properly held that defense counsel’s summation remarks, in which he conceded that defendant was guilty of one of the two burglaries charged did not constitute reversible error, since the jury was not prejudiced, and the remarks were part of the defense’s trial strategy.

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