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VOL. 2, NO. 136 DECISIONS RELEASED JULY 28, 1994 ATTORNEY/CLIENT – CONTRACTS 04-2-3862 Ernest Allen Cohen v. Radio-Electronics Officers Union Dist. 3, NMEBA, AFL-CIO, App. Div. (50 pp. incl. concurrence and dissent) Where a renewable one-year agreement for legal services between attorney and client contained a provision that counsel only could be terminated within a certain time period, appellate court held that the agreement violated public policy and the Rules of Professional Conduct, since it infringed upon a client’s inherent right to discharge his attorney at will. INSURANCE 23-2-3863 Julius Erdo, III v. Torcon Constr. Co., Inc., et al., App. Div. (9 pp.) Where employee of subcontractor, which was required to name general contractor as an additional insured on a comprehensive liability policy, was injured at work, trial court erred in dismissing general contractor’s summary judgment motion requiring subcontractor’s insurer to provide coverage, pursuant to the holding in Maryland Casualty Co. V. New Jersey Mfrs Ins. Co., 48 N.J. Super. 314, (App. Div. 1958), aff’d, 28 N.J. 17 (1958), which was required by the multiple insureds’ severability of interests contemplated in the policy. INSURANCE – AUTOMOBILES 23-2-3864 Raymond J. Throckmorton v. John Boychuck, App. Div. (5 pp.) Where plaintiff had neck, lower back and leg pain from injuries sustained in an automobile accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since plaintiff submitted objective-medical evidence, and the injuries seriously affected his life. LAND USE – MUNICIPAL LAW 26-1-3865 Pizzo Mantin Group v. Township of Randolph, et al., Supreme Ct. (26 pp.) Where town planning board denied a subdivision plan on grounds reflected in the broad purposes of the Municipal Land Use Law, Court held that the board erred, since a planning board in determining the validity of a subdivision is required only to apply municipal ordinance standards. TORTS 36-2-3866 M.W. and L.W. v. North Shore Univ. Hosp., et al., App. Div. (5 pp.) Where grandparents sued hospital for a negligently conducted evaluation, which had determined that the grandmother had sexually abused her grandson, trial court properly dismissed the complaint, since it was time barred by the statute-of- limitations, and the emotional distress claims were unsubstantiated. CRIMINAL LAW AND PROCEDURE 14-2-3867 State v. Marie Barlow, App. Div. (11 pp.) Where defendant was convicted of cocaine possession with intent to distribute within 1,000 feet of school property, prosecutor’s reference during summation to defendant’s unemployment, which defendant did not introduce into evidence, was improper, and demanded reversal, since it was a direct attempt to equate her unemployment with involvement in drug distribution. 14-2-3868 State v. Roy D. Savage, App. Div. (18 pp.) Where defendant was convicted of murdering two of his wives, trial court properly allowed into evidence prior attacks on his wives, since the evidence was relevant to show defendant’s continued hostility toward his wives, and to his possible motive.

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