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VOL. 2, NO. 201 DECISIONS RELEASED NOVEMBER 16, 1994 ARBITRATION AND MEDIATION – CONTRACTS 01-2-4331 Bekescsabai Knitwear Factory v. C&J Mfg. Corp. App. Div. (5 pp.) Where, in a dispute over unpaid bills, clothing seller moved to dismiss manufacturer’s complaint one year after seller filed a counterclaim on grounds that the delivery agreement required that any dispute be arbitrated, trial court properly dismissed the complaint, since the manufacturer was not prejudiced. CIVIL PROCEDURE – AUTOMOBILES – NEGLIGENCE 07-2-4332 Lillian DiMura v. Andrew Knapik, App. Div. (7 pp.) Where plaintiff was injured in an auto accident, trial court properly did not allow the complaint to be amended four years after the accident to include parties initially named as “John Doe” defendants, since plaintiff knew the additional defendants’ identities and did not proceed with due diligence to amend the complaint under R. 4:26-4. CIVIL PROCEDURE – CONTRACTS 07-2-4333 Cardell, Inc. v. Andrew Piscatelli, App. Div. (9 pp.) Where defendant developer contracted with plaintiff paving contractor to construct a parking lot, trial court erred in finding for the contractor in a dispute over the contract’s performance, since the court had no authority to allow only a court-appointed expert to testify, and not the parties’ experts. FAMILY LAW 20-2-4334 Thomas McCown v. Patricia McCown, App. Div. (8 pp.) Where wife and children converted to Judaism from the Presbyterian faith, trial court properly denied the mother’s request to have the children attend a yeshiva, since attendance at the school would isolate the children from their father. INSURANCE – AUTOMOBILES 23-2-4335 Pinky S. Bemah v. Amgro, Inc., App. Div. (7 pp.) Where insurer canceled insured’s policy because premium was not paid on time, trial court erred in dismissing insured’s complaint to enforce coverage, since insurer’s proof of mailing of the cancelation–a sheet listing notices sent to the post office–did not comply with “Cancelation Certificate Listing,” N.J.S.A. 17:29C-10. 23-2-4336 Tammy S. Shorter and Richard L. Shorter v. William L. Leach, Nat’l Car Rental, et al., Law Div. (7 pp.) Where driver injured her back in an automobile accident, trial court dismissed the complaint for failure to meet the verbal threshold, since economic loss alone does not seriously affect a person’s life. [Approved for publication Nov. 15, 1994.] LAND USE 26-2-4337 Borough of Point Pleasant v. Alfred E. Schneider and The Township of Brick, et al., App. Div. (17 pp.) Where land owner appealed from borough’s condemnation of two land parcels, trial court properly allowed a registered professional engineer, during testimony, to rely on wetlands demarcation lines prepared by another engineer, since engineers commonly rely on reports prepared by others in giving opinions. 26-2-4338 Boulevard Steel Serv. Corp. v. Upen Patel, Where company sued adjoining land owner alleging a breach of a written easement, which obligated land owner to give the company access to a public street, trial court erred in not allowing company’s attorney to question land owner about his intent to maintain the easement, a crucial element for punitive damages. TORTS – GOVERNMENT 36-2-4339 Sophie Szwed and Stanley Szwed v. Holy Face Monastery and ABC Maintenance Co., App. Div. (3 pp.) Where plaintiff fell while getting public well water on monastery grounds, trial court properly dismissed the complaint under the Charitable Immunity Act, since allowing public access to the water is a charitable act. WORKERS’ COMPENSATION 39-1-4340 Heidi Novis v. Rosenbluth Travel, Supreme Ct. (8 pp.) Where employee was injured when she slipped on ice while walking from a parking lot to a branch office to which she was temporarily assigned, workers’ compensation judge properly held that the injury did not occur during the course of her employment, since she was not compensated for travel time from a hotel to the branch office. CRIMINAL LAW AND PROCEDURE 14-2-4341 State v. Thomas Lagier, App. Div. (5 pp.)Where defendant, who was convicted of cocaine possession, claimed that the trial judge should have recused herself from the trial after calling the defendant a drug dealer and a liar at a pretrial hearing, trial judge properly did not recuse herself, since the judge was not calling the defendant names, but making statements supported by the record. 14-2-4342 State v. Lamont Lee, App. Div. (8 pp.) Trial court properly admitted into evidence testimony about another robbery defendant committed earlier the same night as the first-degree armed robbery charged in the case, since the prior robbery was so inextricably linked with the crime charged that it is within the crime’s res gestae. 14-2-4343 State v. Roberto Marquez, App. Div. (14 pp.) Trial court improperly charged the jury regarding burglary, since pursuant to the trial court’s language the jury was entitled to conclude that the defendant’s mere entry into an apartment in violation of a restraining order was a basis to convict him of burglary. 14-2-4344 State v. Raymond Walker, App. Div. (3 pp.) Where defendant, who walked away briskly from a crowd of people as officers approached, was convicted of heroin possession, trial court erred in denying suppression motion, since defendant’s conduct did not give the officer’s cause to conduct a Terry search. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-4345 State v. Jan R. Keith, App. Div. (5 pp.) Where defendant, who was convicted of drunk driving, claimed that an officer’s request for identification without articulable suspicion violated defendant’s constitutional rights, trial court properly denied suppression motion, since the officer had sufficient reason to investigate based on the defendant’s abrupt stop.

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