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VOL. 2, NO. 148 DECISIONS RELEASED AUGUST 17, 1994 ATTORNEY/CLIENT – NEGLIGENCE – WORKERS’ COMPENSATION 04-2-3928 Utica Mut. Ins. Co. v. Maran & Maran and Dwayne Ingala, App. Div. (3 pp.) Where workers’ compensation carrier, which had provided benefits to defendant employee, contended that it had a lien on employee’s legal-malpractice settlement proceeds, trial court properly denied carrier’s summary judgment motion, since N.J.S.A. 34:15-40(b) has been construed to exclude legal malpractice settlements from the lien of a workers’ compensation carrier. FAMILY LAW 20-2-3929 Lynn C. Dickson v. Leonard S. Dickson, App. Div. (5 pp.) Where wife sought increased support from her husband, a Washington state resident, trial judge erred in granting increased support, since the defendant was not notified and there was no hearing. REAL ESTATE – CONTRACTS 34-2-3930 Tomas Mendes v. Globe Realty Assocs., et al., App. Div. (7 pp.) Where plaintiff sought to rescind a real estate contract because his building contained numerous defects and was unsafe, trial court properly denied plaintiff’s motion, since plaintiff lacked sufficient proof to proceed to trial. CRIMINAL LAW AND PROCEDURE 14-2-3931 State v. Andrew Alston, App. Div. (7 pp.) Where defendant was convicted on 17 drug-related charges, trial court erred in merging two convictions, since the criminal activity in the two counts was unrelated. CRIMINAL LAW AND PROCEDURE – CONSTITUTIONAL LAW 14-2-3932 State v. George H. Woodward, III, App. Div. (3 pp.) Trial court erred in affirming defendant’s conviction for driving while under the influence of alcohol after he was stopped at a DWI checkpoint while heading southbound, since defendant’s stop was random, because at the time he was stopped only northbound vehicles were being checked. EDITOR’S NOTE: Please note, no Alert was published on Tuesday, August 16, 1994, since no cases were released.

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