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Vol. 3 No. 21 DECISIONS RELEASED FEBRUARY 1, 1995 ADMINISTRATIVE LAW AND PROCEDURE 01-3-4861 Robert E. Brennan v. Richard Barry, et al., Law Div. (64 pp.) Where a financier alleged that the Bureau of Securities supervisor of enforcement had leaked secrets about him into the public domain by including certain information in an allegedly unnecessary certification filed in an ancillary case, the judge granted summary judgment in favor of the supervisor, since financier failed to prove that the certification was improper or that a subsequent article in Forbes magazine used secret information. [Decided January 11, 1995.] CONTRACTS 11-2-4862 Charles Bloom & Co. v. Echo Jewelers, et al., App. Div. (16 pp.) The trial judge erred in granting summary judgment to individual defendant retailers against plaintiff wholesaler on the theory that plaintiff, by failing to address the issue of the individual defendants potential liability under the theory of conversion, did not pierce the corporate veil. INSURANCE – AUTOMOBILES 23-2-4863 Manuel Nina, et al. v. Herbert Moskowitz, et al. App. Div. (3 pp.) In granting defendant summary judgment in a verbal threshold case, the motion judge, upon hearing certain basic, objective evidence of injury, improperly evaluated the evidence as minimal, when that determination should be made by the jury. UTILITIES 37-2-4864 Van Holten Group, et al. v. Elizabethtown Water Co., App. Div. (12 pp.) Where the developer of a large residential community, which paid the original costs of main extensions to the new development, disputed the calculation of the Board of Public Utilities as to the amount of the refund to which it was later entitled, court affirmed formula based upon developer s failure to show abuse of Board s discretion. CRIMINAL LAW AND PROCEDURE 14-2-4865 State of New Jersey v. Jeffrey T. Pindale, Sr., App. Div. (10 pp.) Whenever a judge imposes a more severe sentence upon a defendant after a new trial, the reasons for doing so must affirmatively appear, and, since they did not in this case, the matter is remanded for resentencing.

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