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VOL. 2, NO 139 DECISIONS RELEASED AUGUST 2, 1994 ADMINISTRATIVE LAW AND PROCEDURE – EDUCATION 16-2-3884 North Brunswick Educ. Ass’n v. Board of Educ. of the Township of North Brunswick and Gerard Parillo, App. Div. (5 pp.) Where education association wanted defendant removed from board of education because he was on the board while he was a police officer in the same town, administrative law judge properly held that there was no conflict of interest when he worked as a security guard at school athletic events, under N.J.S.A. 18A:12-1.1 or N.J.S.A. 18A:12-2. INSURANCE – AUTOMOBILES 23-2-3885 Lolita Dacanay v. Americita Alfonso and Gilbert Guzman, App. Div. (3 pp.) Where plaintiff’s back was injured in an automobile accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since plaintiff submitted objective medical findings. 23-2-3886 Robert Verriest, et al. v. INA Underwriter Ins. Co., App. Div. (12 pp.) In a wrongful-death and personal-injury suit for injuries sustained in an automobile accident, trial court erred in holding that defendant insurer had to provide coverage for the driver who caused the accident, since the driver did not have the owner’s permission to operate the vehicle. LANDLORD/TENANT 27-1-3887 Wasserman’s Inc., et al v. Township of Middletown, Supreme Ct. (31 pp.) Where property lease between plaintiff tenant and defendant landlord contained a cancellation clause that the landlord would pay the tenant pro-rata reimbursement for any improvement costs and damages if it canceled the lease, which the landlord did, the Court held that the lease was enforceable; therefore, the landlord was liable to the tenant for terminating the lease, since (1) the lease did not violate N.J.S.A. 40:60-42, and (2) N.J.S.A. 40A:12-14 did not apply retroactively. PRODUCT LIABILITY 32-2-3888 Peter Smith, et al. v. Keller Ladder Co. and Jaeger Lumber Co., et al., App. Div. (8 pp.) Where plaintiff was seriously injured when a ladder he was using either collapsed or slipped, trial court properly granted the ladder manufacturer’s judgment notwithstanding the verdict, since the plaintiff failed to present any evidence from which the jury reasonably could have concluded that the ladder was defectively designed. CORRECTIONS 13-2-3889 Patrick DeMedici v. New Jersey State Parole Bd., App. Div. (6 pp.) Where defendant was sentenced to a prison term with an ineligibility period to be served concurrent with his sentence for criminal sexual contact, parole board properly decided not to apply gap-time credit to the front end of his sentence record, which would have reduced the amount of his parole ineligibility period, since gap-time credits do not reduce any parole ineligibility period. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-3890 State v. Frank Hunter, App. Div. (9 pp.) Where defendant pled guilty in municipal court to driving while intoxicated, Superior Court judge properly affirmed the conviction at a trial de novo in which the defendant explained that police found him asleep in his car in the front of his house with the engine on to keep warm, and that his wife drove home, since the plea was voluntary, and the judge found defendant’s claim incredulous.

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