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VOL. 2, NO. 186 DECISIONS RELEASED OCTOBER 24, 1994 CIVIL PROCEDURE – NEGLIGENCE 07-2-4168 Vivian Brown and Matthew Brown v. Vincenza Cornacchia, et al., App. Div. (6 pp.) Where plaintiff sued property owner and tenants for injuries she sustained from a fall in a luncheonette, and tenants did not file answer until after the court granted a motion confirming an arbitration award as to the property owner, trial court erred in dismissing the complaint against tenants on entire controversy grounds, since all claims were made in the same suit. CONDEMNATION 44-2-4169 City of Garfield v. New York Susquehanna & W. Ry. Corp., et al., App Div. (6 pp.) Trial court erred in denying landowner’s motion to dismiss city’s appeal from commissioners’ reports, which determined compensation to be paid the landowner for the city’s taking of two land parcels, since the city’s appeals were filed out of time in violation of R. 4:73-6(a). LAND USE 26-2-4170 Pipquarryco, Inc., v. The Borough of Hamburg and the Borough of Hamburg Council, et al., App. Div. (9 pp.) Trial court properly enjoined a council member, who lived at the plaintiff’s condominium complex, from voting or participating in most discussions about the complex for two years, due to the conflict of interest. WORKERS’ COMPENSATION 39-2-4171 Gino Romanny v. Stanley Baldino Contr. Co. v. New Jersey Re-Insurance Co., App. Div. (6 pp.) Where insurer did not receive employer’s renewal payment timely, Division of Workers’ Compensation properly held that the policy covered an employee’s injuries from a scaffold accident which occurred after the policy lapsed, since the insurer’s renewal provisions violated N.J.S.A. 34:15-89. CRIMINAL LAW AND PROCEDURE 14-2-4172 State v. Danita Y. Grissom, App. Div. (7 pp.) Defendant who pleaded guilty to attempted murder was entitled to an evidentiary hearing to determine if she had effective assistance of counsel during plea negotiations, since the defendant’s post-judgment motion demonstrated a need for the court to consider more evidence.

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