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VOL. 2, NO. 198 DECISIONS RELEASED NOVEMBER 10, 1994 AGENCY AND PARTNERSHIP – DEBTOR/CREDITOR – REAL ESTATE 15-2-4286 Continental Title Ins. Co. v. Joe Cino and Marilyn G. Hanken Cohen, et al., App. Div. (6 pp.) Where mortgagor claimed that he was not liable for title insurer’s property loss but a third party was responsible, trial court properly held the mortgagor liable, since the third party acted as the mortgagor’s agent. INSURANCE – AUTOMOBILES 23-2-4287 Melva Parada v. Charles Jones and Nelson Parada, App. Div. (4 pp.) Where plaintiff injured her back in a 1990 automobile accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since the 1990 medical reports are “stale,” the matter is remanded so current medical evidence can be supplied. PHYSICIAN/PATIENT – GOVERNMENT 29-2-4288 Robert J. Del Tufo, Attorney Gen. of New Jersey, et al. v. Wilfredo Manon-Rossi, App. Div. (9 pp.) Where attorney general sued under the Uniform Enforcement Act, N.J.S.A. 45:1-14 to 27, to prevent an unlicensed doctor from practicing medicine and to assess a fine, trial court erred in holding that the doctor could only be fined under the predecessor statutory provision, since the UEA provision, N.J.S.A. 45:1-26, clearly repealed any inconsistent prior legislative provisions. PRODUCT LIABILITY – CONTRACTS 32-2-4289 John D. Kowalski and Helen Kowalski v. The Stop & Shop Cos., Inc., et al., App. Div. (13 pp.) Where homeowners sued store and manufacturer of a propane-fueled barbecue, which allegedly set fire to their house, trial court properly held that (1) the homeowners were not negligent and that the store was negligent, based on the evidence, and (2) the manufacturer was contractually obligated to indemnify the store, pursuant to a valid contract. REAL ESTATE 34-2-4290 Marjorie H. Coyle v. New Jersey Real Estate Comm’n, App. Div. (4 pp.) Where former licensed real estate broker did not receive notice from the commission that her license had expired, commission properly did not renew the license, which had expired on June 30, 1989, since the broker was aware of the regulations, did not attend an approved real estate school and did not pass an examination. WORKERS’ COMPENSATION 39-2-4291 Hipolito E. Borrero v. Crest-Foam Corp., App. Div. (7 pp.) Where machine operator, who was exposed to smoke, fumes and dust on the job, complained of respiratory problems, workers’ compensation judge properly awarded 7.5 percent of partial permanent total disability for sub-acute bronchitis, since the medical proofs presented supported the judgment. 39-2-4292 Helen De Acutis v. Prime Motor Inns. Inc., et al., App. Div. (12 pp.) Where a hotel banquet waitress, who was hired by co-defendant management company, was injured on the job in a hotel operated by co-defendant hotel owner, trial court erred in dismissing the complaint against hotel owner on grounds that the waitress was the hotel owner’s employee, and therefore barred from bringing suit under the workers’ compensation act, since factual issues existed as to whether the waitress was the hotel owner’s employee. 39-2-4293 Scott Massey v. Noll Bros., Inc., App. Div. (5 pp.) Where an employee was injured on the job when gasoline fumes caught fire, trial court properly granted defendant’s summary judgment motion dismissing the complaint, since sufficient evidence was presented to support the claim of “intentional” infliction of injury, under the workers’ compensation provision, N.J.S.A. 34:15-8, which precludes recovery for an intentional wrong. WRONGFUL DEATH – CIVIL PROCEDURE 40-2-4294 Iris Rodriguez, et al. v. Liliann Luciano v. J.W. Pierson Co., App. Div. (4 pp.) Where plaintiff’s counsel did not provide answers to defense interrogatories after numerous requests, trial court properly dismissed the complaint with prejudice, since plaintiff’s failure to contact her attorney for a year, and administrative problems in the attorney’s office, did not constitute exceptional circumstances under R. 4:23-5(a)(2). CRIMINAL LAW AND PROCEDURE 14-2-4295 State v. Johnnie R. Houser, App. Div. (7 pp.) Where a New York City policeman saw defendant, a New Jersey resident, involved in what appeared to be a drug purchase in New York City that eventually led to the suspect’s arrest in New Jersey, trial court properly denied defendant’s suppression motion, since the New York officer would have had a reasonable suspicion to stop the vehicle. 14-2-4296 State v. Reginald Hurd, App. Div. (8 pp.) Where defendant, who was convicted of second-degree sexual assault, contended that a detective’s testimony about the arrest was inadmissible because it was other-crime evidence, trial court properly admitted the testimony, since it was relevant to the reliability of the victim’s identification. 14-2-4297 State v. Robert Ingram, App. Div. (5 pp.) Where defendant was found guilty of first-degree kidnapping, trial court properly denied defendant’s motion for a new trial, since defendant failed to demonstrate entitlement to a new trial based on his challenge of the court’s rulings on witness credibility. 14-2-4298 State v. Kevin L. Martin, App. Div. (40 pp.) Where defendant was convicted of felony murder, trial court properly admitted into evidence defendant’s written confession, since defendant gave the confession voluntarily after he was read his rights. EDITOR’S NOTE: The Alert will not be published tomorrow, November 11, 1994, since courts are closed.

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