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VOL. 2, NO. 175 DECISIONS RELEASED OCTOBER 6, 1994 AGENCY AND PARTNERSHIP – LABOR AND EMPLOYMENT 02-2-4072 Patrick J. Ross, Sr. v. Lawrence G. Lambert, et al., and United Telephone Co. of New Jersey, Inc., App. Div. (6 pp.) Fact that employee was driving to work with employer’s tools in his truck when he struck plaintiff was insufficient to establish agency, and trial court properly dismissed the employer from the case. ALCOHOLIC BEVERAGES – WRONGFUL DEATH 47-2-4073 Estate of Officer William F. Brey, et al v. Old English Tavern, et al. and Steven Amos, et al., App. Div. (15 pp.) In suit by estate of police officer killed by a juvenile, trial judge properly dismissed (1) negligent supervision claim against the boy’s mother, since the acts were not foreseeable and the fireman’s rule applied, and (2) claim against tavern that served the boy liquor, since the acts were not foreseeable and the chain of causation had been broken. CORPORATIONS 12-2-4074 ALK Assocs., Inc. v. Multimodal Applied Sys., Inc., App. Div. (11 pp.) Where plaintiff sued to have access to defendant’s trade secrets, trial court erred in not entering a restrictive order which only would allow plaintiff’s counsel to review the trade secrets to ascertain if the defendant had taken plaintiff’s trade secrets. [Approved for publication Oct. 6, 1994.] INSURANCE – AUTOMOBILES 23-2-4075 Joan Mickelwaite, et al v. New Jersey Mfrs. Ins. Co., App. Div. (6 pp.) Where insured motorist breached policy by failing to promptly notify the police of the hit-and-run driver, trial court properly dismissed insured’s suit to compel arbitration under the uninsured motorist provisions. LANDLORD/TENANT 27-2-4076 Vineland Housing Auth. v. Odell Hubert, App. Div. (5 pp.) Tenant’s allowing his girlfriend to live with him in his apartment was a violation of the lease, and trial court properly affirmed tenant’s eviction. LAND USE 26-2-4077 Anthony Geracitano, et al. v. Borough of Riverton, et al., App. Div. (11 pp.) Trial court properly affirmed the board of adjustment’s denial of apartment building owners’ application for use variances, finding inadequate as special reasons the owners’ desire to combine rooms to form two new apartments in a protected nonconforming apartment building and to add additional off-street parking. CRIMINAL LAW AND PROCEDURE 14-2-4078 State v. Michael Lopez, App. Div. (18 pp.) Where defendant was convicted of first-degree armed robbery and second-degree kidnapping, trial court properly did not reverse the first-degree robbery conviction, since the indictment charged defendant with use of a deadly weapon, which constituted aggravating circumstances, making the crime first-degree [Approved for publication Oct. 6, 1994.] 14-2-4079 State v. Gregory Schreffler, App. Div. (6 pp.) Where defendant, who entered a retraxit guilty plea to taking money from his employer, told the probation officer that he took $10,000 from his employer instead of the $600 that he had agreed to pay back in the plea agreement, trial judge erred in holding that the defendant agreed to pay the entire amount taken.

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