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VOL. 2 NO. 171 DECISIONS RELEASED SEPT. 30, 1994 CONTRACTS 11-2-4041 Wholesale Nursery & Bldg. Supply, Inc. v. South Jersey Colonial Nurseries, Inc., App. Div. (9 pp.) Where the plaintiff supposedly contracted with defendant to remove nursery overstock and clear land, trial court properly dismissed the complaint for damages, since there was no meeting of the minds on the contract’s material terms. INSURANCE – AUTOMOBILES 23-2-4042 Helen Maldonado v. Marvin A. Heuer, App. Div. (4 pp.) Where plaintiff’s back was injured in an auto accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since plaintiff’s medical reports met the objective medical standard, and her injuries limited her job and leisure activities. 23-2-4043 Kevin Jerome Singleton, et al., v. Bruce J. Fenimore, et al. and New Jersey Auto. Full Ins. Underwriting Ass’n, App. Div. (5 pp.) Where plaintiff’s counsel moved to enforce litigant’s rights to compel state fund to pay a judgment for injuries sustained in an auto accident, trial judge erred in granting the motion, since the judge usurped the trustee’s authority under N.J.S.A. 17:33B-3b(1), deferring the payment of JUA/MTF claims. CRIMINAL LAW AND PROCEDURE 14-2-4044 State v. Clarence Haley, App. Div. (16 pp.) Where defendant was convicted of first-degree armed robbery, trial court properly held that the photo identification procedures used were not impermissibly suggestive, since two other photos in addition to defendant’s showed a plaque with the words “Police Department.” 14-2-4045 State v. Omelio Saavedra, App. Div. (8 pp.) Where defendant moved to dismiss prosecutor’s notice, under N.J.S.A. 2C:25-21d(3), to seize a gun, appellate court held that the notice was timely filed even though it was not filed within 45 days of the seizure, since the petition was filed within 45 days after the prosecutor learned of the seizure by local police. 14-2-4046 State v. Eddie Saez, App. Div. (9 pp.) Trial court erred in convicting defendant of leading a narcotics trafficking network, since the judge failed to instruct the jury of its obligation to find that defendant occupied a high-level position in the drug scheme, depriving defendant of a fair trial. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-4047 State v. Mark E. Wallace, App. Div. (7 pp.) Where defendant was convicted of driving while under the influence of alcohol, trial court erred in convicting the defendant, since defendant was denied his right to complete cross-examination of a police officer, who was the complaining witness.

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