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Vol. 3 No. 32 DECISIONS RELEASED FEBRUARY 17, 1995 COMMERCIAL TRANSACTIONS 08-2-4984 Mercedes-Benz Credit Corp. v. Harry M. Fox, App. Div. (7 pp.) The trial court properly determined the fair market value of collateral, which it set off against secured creditor s deficiency claim, to arrive at the amount due under defendant s guaranty. INSURANCE – AUTOMOBILES 23-2-4985 Shirlene Spencer Stamps v. N.J. Automobile Full Ins. Underwriting Asso., App. Div. (5 pp.) The trial court was correct in its conclusion that plaintiff s claim for uninsured motorist benefits was subject to the verbal threshold under N.J.S.A. 17:28-1.1(a). 23-2-4986 Marilu Salanga v. Amy Starr, App. Div. (5 pp.) Summary judgment was properly granted for the defendant because the plaintiff failed to meet the objective medical proof requirement set forth in Oswin v. Shaw, specifically on the issue of the permanency of the injury. MUNICIPAL LAW 30-2-4987 Twp. of Mahwah v. Twp. of Mahwah Planning Bd., et al., App. Div. (7 pp.) Although the township filed a complaint in lieu of prerogative writ challenging its planning board’s decision to grant a builder’s minor subdivision application, and the trial court granted the builder s summary judgment motion based on the theory that the township had no standing to prosecute the action, the board’s decision was reversible because the real focus of the litigation was the manner in which the builder was discharging its responsibilities under the municipality s fair-housing settlement with the builder s predecessor in interest. NEGLIGENCE 31-2-4988 Josephine Carnevale v. First Presbyterian Church of Verona, App. Div. (4 pp.) Where a church rented out its premises at a nominal charge to a nonprofit senior citizens club and plaintiff, a club member, was injured in the parking lot of the premises, the church was entitled to dismissal of the plaintiff s action on summary judgment, based on the charitable immunity defense. TORTS 36-2-4989 Gerald Del Tufo, Executor v. Twp. of Old Bridge, et al., App. Div. (18 pp.) While a jury verdict holding police officers liable for wrongful death of man in custody, who died from cardiac arrest after taking a lethal amount of cocaine, was not against the weight of evidence, and while the trial court also properly rejected officers immunity claim, the jury should have been instructed to weigh the comparative fault of the police officers and of the decedent, and the matter is remanded for that analysis. CRIMINAL LAW AND PROCEDURE 14-2-4990 State of New Jersey v. Jonathan Tiggett, App. Div. (7 pp.) A motion to suppress was properly denied since an encounter with the defendant escalated from inquiry to a stop to an arrest, and the criteria for each category must be applied as the situation shades from one category to the other. 14-2-4991 State of New Jersey v. Willie James Hightower, App. Div. (5 pp.) Where the trial judge properly ruled that s defendant s prior convictions required sanitation, and then may have committed error by divulging more than the date and degree of crime to the jury, it was the defendant who permitted partial sanitation by referring to the prior convictions in his own testimony; this constituted waiver, and, therefore, the judge s error is not reversible. 14-2-4992 State of New Jersey v. Kenneth Fennell, App. Div. (7 pp.) Even though the out-of-court identification of defendant was made several months after a drug sale at issue in the case, there was sufficient basis for the jury to believe that the identification was credible and not unduly suggestive.

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