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Vol. 3, No. 30 DECISIONS RELEASED FEBRUARY 15, 1995 CIVIL RIGHTS 46-2-4966 William K. Flowers, III, M.D. v. Univ. of Medicine and Dentistry of N.J., App. Div. (6 pp.) The trial judge properly dismissed African-American plaintiff’s discrimination claims, finding no evidence that non-African-Americans, in similar circumstances, were given rank and privileges that plaintiff was denied. COMMERCIAL TRANSACTIONS 08-2-4967 David Mandelbaum v. P & D Printing Corp. et al., App. Div. (17 pp.) Where a check payable to three people was endorsed by only one of them, who converted the check to his own use, payee deprived of payment was entitled to recover from depository bank — which was in the best position to notice the irregularity — since banks and drawees down the line are entitled to rely on the initial bank’s endorsement guarantee. [Approved for publication Feb. 15, 1995.][Available online in N.J. Full-Text Decisions.] FAMILY LAW 20-2-4968 Lois M. Pavese v. John R. Pavese, App. Div. (4 pp.) The trial judge was entitled to conclude that husband manipulated and liquidated assets for his sole benefit and that the only fair recourse was to award the remaining assets to the wife. INSURANCE – AUTOS 23-2-4969 Lee E. DiMatteo v. Matthew V. Valente, III, App. Div. (4 pp.) Where the plaintiff’s proofs were outdated, the court should not have granted summary judgment in favor of the defendant, but should have allowed plaintiff to develop more contemporary medical evidence, if possible, because all inferences of doubt must be drawn against the movant. 23-2-4970 Ann M. Pchelins v. Tricia M. Grow, App. Div. (6 pp.) Motion for summary judgment in favor of defendant was proper since plaintiff failed to meet the second prong of the Oswin v. Shaw test by offering objective medical evidence of serious impact on her life. LABOR AND EMPLOYMENT 25-2-4971 Price Waterhouse v. Bd. of Review, App. Div. (7 pp.) Employee who failed to report her absence from work did not quit voluntarily, and her termination for job-related misconduct did not disqualify her from unemployment benefits, since the statutory disqualification period ended prior to the date of her claim. 25-2-4972 John Witter v. Bd. of Review, App. Div. (6 pp.) Where employee had an argument with his boss, who stated, “If you don t like it here, pack your things and leave,” this and subsequent conduct of boss did not support employee’s contention that he had been fired and unemployment benefits were properly denied. PUBLIC EMPLOYEES – JUDGES 33-1-4973 In re: Michael R. Imbriani, Supreme Ct. (8 pp.) The findings of the Advisory Committee on Judicial Conduct that respondent’s conduct requires his removal from judicial office are amply supported by the record, including the fact that the respondent entered a plea of guilty to the underlying criminal charge. [Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4974 State of New Jersey v. Michael Hiddeman, App. Div. (3 pp.) Motion to suppress was properly granted where defendant, a passenger in a vehicle detained for a traffic violation, was asked to step outside the vehicle, since a police officer must be able to point to specific and articulable facts that would warrant heightened caution to justify ordering an occupant of a motor vehicle to step outside. 14-2-4975 State of New Jersey v. Felix Santiago, App. Div. (9 pp.) Where defense counsel elected not to assert a State v. Gilmore objection to prosecutor’s challenge of a prospective juror at trial, such waiver precludes defendant from claiming trial error on that issue on appeal. OPINIONS THAT HAVE BEEN APPROVED FOR PUBLICATION: 01-2-4948 Ronald C. Wendling v. N.J. Racing Commission (Feb. 14, 1995); 07-2-4950 Security Benefit Life Ins. Co. v. TFS Ins. Agency, Inc. (Feb. 14, 1995); 11-2-4952 Robert H. Kessler v. Richard Antinora (Feb. 14, 1995); 14-2-4964 State of New Jersey v. Vincent Briggs (Feb. 14, 1995). [All available online in N.J. Full-Text Decisions.]

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