Daily Decision Alert:
Vol. 2, No. 177 -- October11, 1994

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VOL. 2, NO. 177 DECISIONS RELEASED OCTOBER 11, 1994 ARBITRATION AND MEDIATION – DEBTOR/CREDITOR -CORPORATIONS 15-2-4087 Robert Purcell, et al. v. John Castellano, et al., App. Div. (4 pp.) Arbitrator properly held that store owner was personally liable to electrician for services rendered, since the challenge to store owner’s individual liability was not made until after the award had been reduced to a judgment, and the electrician had always dealt with the owner in his individual capacity. BANKING 06-2-4088 Linda Pagano v. United Jersey Bank, App. Div. (12 pp.) Trial court properly ordered bank to pay decedent’s daughter interest and money in the decedent’s bank account — inactive for over 20 years — for which the bank had no record except the uncanceled passbook, since (1) the bank was unable to prove payment, and (2) the common-law principle that a lapse of 20 years from the date of accrual of the debt raises a rebuttable presumption of its payment is not applicable to savings accounts. CIVIL PROCEDURE 07-2-4089 Boguslaw Oczkowski v. Fred S. Dubowsky and Mel Weiner, et al., App. Div. (5 pp.) There is no legal authority compelling a plaintiff to establish a prima facie case before jury selection, absent a properly filed motion on notice by defendants, and trial judge thus erred in dismissing pro se plaintiff’s complaint on that basis. INSURANCE – AUTOMOBILES 23-2-4090 John J. McCarthy, III v. Douglas Vialonga, App. Div. (9 pp.) Trial court properly set aside a jury verdict in an automobile negligence case where it did not appear that five of the six jurors agreed. INSURANCE – TORTS – ATTORNEY/CLIENT 23-2-4091 Allstate Ins. Co. v. Albert E. Ferro, App. Div. (5 pp.) Trial court properly denied coverage to attorney under his homeowners policy after house buyer sued him for assault when an altercation broke out as he represented the sellers, since the buyer’s injuries occurred while the attorney was involved in a business pursuit. CRIMINAL LAW AND PROCEDURE 14-2-4092 State v. Neville Campbell, App. Div. (8 pp.) Where defendant, a van passenger who claimed that he did not know that the van contained about 16 pounds of marijuana, was properly convicted of possession with intent to distribute, since it is unlikely that he did not know about such a large amount of marijuana. 14-2-4093 State v. Erick White, App. Div. (5 pp.) Prosecutor erred in refusing to consent to defendant’s admission into pretrial intervention program on grounds that he was charged with drug possession within 1,000 feet of school property, since the prosecutor only considered the offense and did not consider other relevant factors. 14-2-4094 State v. Paul L. Wills, App. Div. (7 pp.) Prosecutor’s summation comments about the credibility of the state’s witnesses, who were police officers, were not improper, since they were grounded in evidence adduced at trial, and he did not vouch for their credibility.

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