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VOL. 2, NO 182 DECISIONS RELEASED OCTOBER 18, 1994 ADMINISTRATIVE LAW AND PROCEDURE 01-2-4136 In the Matter of a Grant Award Issued to New Horizon Treatment Servs., Inc. by the New Jersey Dep’t of Health, App. Div. (7 pp.) Where methadone treatment center and its landlord had common officers, state health department appeals board properly held that the center could not use grant funds to pay its rental fee, since one party to the lease agreement was able to control or substantially influence the other’s actions, a prohibited relationship under 45 C.F.R. Section 1068.50. ALCOHOLIC BEVERAGES 47-2-4137 Randall S. Benson and Stacy I. Benson v. Allan Brown, New North End Tavern, et al., App. Div. (20 pp.) A decision in a case brought under the Licensed Alcoholic Beverage Server Fair Liability Act is reversed, since the trial judge erred in instructing the jury as to the defendant driver’s capacity to gauge his ability to drive. DEBTOR/CREDITOR – CORPORATIONS 16-2-4138 Lautek Corp. v. Image Business Systems, Corp., App. Div. (22 pp.) Where computer parts supplier sued computer assembler for money the assembler owed, the apellate court ruled that a judgment awarded to the supplier was too low, since the trial judge erred in allowing a defense witness to use documents that previously had been witheld from the supplier to refresh his recollection to support an offset. INSURANCE – AUTOMOBILES 23-2-4139 Daphne Campbell v. Juana Ortiz, App. Div. (7 pp.) Where plaintiff injured her back in an automobile accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since the accident aggravated preexisting back problems for which she had no prior complaints. 23-2-4140 James N. Hubbard, III and Dorcas Spires v. Esther L. Skinner, App. Div. (3 pp.) Where plaintiff injured her back in an auto accident, trial court properly dismissed plaintiff’s complaint for failure to meet verbal-threshold criteria, since she failed to submit objective credible medical evidence. CRIMINAL LAW AND PROCEDURE 14-2-4141 State v. Brian Asch, App. Div. (8 pp.) Where defendant was indicted for second-degree robbery, trial court properly denied his appeal of the prosecutor’s denial of his pretrial intervention application, since the state did not abuse its discretion in denying the defendant’s admission. 14-2-4142 State v. David Manning and Waverly L. Palmer, App. Div. (8 pp.) During a joint trial, both defendants were properly convicted of cocaine possession, since the evidence supported the convictions. APPROVED FOR PUBLICATION OCT. 17, 1994 11-2-3936 Barnett and Herenchak, Inc. v. State of New Jersey, Dep’t of Transportation (decided Aug. 19, 1994); 26-2-4126 F & W Associates, et al. v. The County of Somerset, et al. (decided Oct. 17, 1994); 36-2-4129 Brookside Apartments, Inc., et al. v. Christian Stango, et al. (decided Oct. 17, 1994).

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