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Vol. 3, No. 31 DECISIONS RELEASED FEBRUARY 16, 1995 ATTORNEYS – FEES 04-3-4976 Mokhtar Asaadi, M.D. v. Dan Meltzer, et al., Law Div. (7 pp.) When an attorney acted solely pro se and his services did not benefit another, he was not entitled to recover counsel fees even though he was the successful litigant.[Available online in N.J. Full-Text Decisions] CIVIL PROCEDURE 07-2-4977 Danielle Goodwin v. Nadina S. Morgan, App. Div. (4 pp.) The trial court erred in dismissing plaintiff’s complaint as being barred by the entire controversy doctrine, even though her affirmative claim was not asserted in two other lawsuits arising out of the same auto accident, since there were issues of diligence on the part of her prior counsel, and her suit was immediately and timely instituted after retaining new counsel. INSURANCE 23-3-4978 Continental Ins. Co. v. Robert Miller, et al., Law. Div. (10 pp.) Police officers are covered for their injuries under the UM provisions of their policy where they were victims of an intentional accident caused by an uninsured motorist, using a motor vehicle as the instrument that did the harm, and notwithstanding that the insured officers knew that the act of the uninsured motorist was intentional.[Available online in N.J. Full-Text Decisions] 23-2-4979 General Accident Insurance Co. v. Frank Maconi, et al., App. Div. (5 pp.) In a case where an intoxicated insured hit a friend with a pool cue and caused severe injuries, the trial court was correct in granting summary judgment in favor of the insurance company since its policy specifically excluded acts intended by the insured and the nature of the act involved had an inherent probability of causing the degree of injury actually inflicted and intent to injure can thereby be presumed. LABOR AND EMPLOYMENT 25-2-4980 Dominic Tamburino v. N.J. Dept. of Labor, et al., App. Div. (5 pp.) While a supervisor under pressure should not have yelled at employee, such conduct did not rise to the level of working conditions that were so adverse as to warrant employee leaving the job, therefore he is disqualified from receiving unemployment benefits. LANDLORD/TENANT 27-2-4981 Gabriel P. Quarterbosh v. BVD Assoc., App. Div. (9 pp.) The trial court correctly ruled that tenant was not liable for rent payments on a triangular portion of the rented property, previously known as the “mechanical room” under the prior lease, since the clear and unambiguous terms of the lease provided that tenant should only pay for “rentable space” and not storage space. REAL ESTATE 34-2-4982 Harriet Cohen, et al. v. Beverly Goodman, et al., App. Div. (6 pp.) The trial judge did not abuse his discretion when he terminated the right of first refusal of the sister against whom the partition was sought, and then ordered appointment of a receiver to force a sale of partitioned premises, since the woman had ample opportunity to exercise her right but simply did nothing about it. CRIMINAL LAW AND PROCEDURE 14-2-4983 State of New Jersey v. James T. Clark, App. Div. (7 pp.) Where police officer noticed smell of alcohol on defendant’s breath in court and advised defendant not to drive home both before and after the hearing, which was for other DWI charges and resulted in the suspension of defendant s driver s license, the fact that the police officer did not object on the record to defendant s request for a temporary license to drive home did not constitute entrapment when defendant tried to drive home and police officer blocked his route and then arrested him.

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