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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More from ALM

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Privacy Policy

About Us / Contact Us / Site Map / Advertise With Us/ Customer Service / Terms of Service/ FAQ / Privacy Policy

Publications

Law Topics

Rankings

More

Law.com

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.