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Vol. 3 No. 20 DECISIONS RELEASED JANUARY 31, 1995 CIVIL PROCEDURE – ARBITRATION & MEDIATION 07-2-4845 Paul Kulikowski v. Willis Trucking, Inc., App. Div. (4 pp.) An attorney’s failure to properly inform his client of his right to appeal an arbitration award does not constitute the extraordinary circumstances” necessary to relax the thirty-day filing rule. CIVIL RIGHTS – ADMINISTRATIVE LAW & PROCEDURE 46-2-4846 In re: Application for a handgun permit by Donald Taglia,App. Div. (5 pp.) When an appellate court has adjudicated justifiable need for applicant to be granted a handgun permit, a failure to renew requires a factual showing of changed circumstances, and, as this was not shown here, defendant’s application must be granted. CONTRACTS 11-2-4847 Kenneth E. Raine, Trustee v. Viacom Int’l., Inc., App. Div. (14 pp.) The trial court properly found no malice or bad faith necessary to sustain plaintiff’s claim of tortious interference with contract. INSURANCE 23-2-4848 Elena Di Giacomo et al. v. Louis Saladino et al., App. Div. (11 pp.) Insurance company correctly complied with applicable statute N.J.S.A. 17:29-C-1 in cancelling homeowners’ policy, and the trial judge erred in applying N.J.A.C. 11:1-20 and finding that insurer did not give proper notice under that regulation, which was not intended to cover homeowners’ policies. [Approved for publication Jan. 31, 1995.] 23-2-4849 A&S Fuel Co., Inc. v. Royal Indemnity Co., Inc., et al., App. Div. (6 pp.) An endorsement to a hauler’s insurance policy which changed the exclusions provision of the policy absolutely and unambiguously replaces, in its entirety, the policy’s pollution exclusion and the trial court erred in holding otherwise. [Approved for publication Jan. 31, 1995.] LABOR AND EMPLOYMENT 25-2-4850 Ayodele Abiona v. Continental Baking Co., et al., App. Div. (9 pp.) Plaintiff did not present sufficient evidence to show that defendant’s failure to give him a raise, while giving one to a co-employee, was discriminatory and, further, failed to show that he was terminated with any discriminatory intent. 25-2-4851 Richard R. Granziel, Jr. v. City of Plainfield, et al., App. Div. (12 pp.) Where plaintiff, an epileptic, was discriminated against when terminated and where he is not currently employed, reinstatement, even though it will result in “bumping of innocent incumbent now in the position, is appropriate as an immediate method to vindicate a discriminatory practice, and trial court erred in not ordering such reinstatement [Approved for publication Jan. 31, 1995.] MUNICIPAL LAW – PUBLIC EMPLOYEES 30-2-4852 Frank Cordoma v. John Miliano, App. Div. (7 pp.) Police chief’s questionable comments about fellow officer which gave rise to defamation actions did not constitute the lawful exercise of police powers in furtherance of official duties” such that he was entitled to reimbursement of legal expenses from the municipality. WORKERS’ COMPENSATION 39-2-4853 Sally Moytzoyrellhs v. Greenbrook Manor Nursing Home, App. Div. (8 pp.) Trial judge erred in awarding medical expenses to petitioner for treatments which were merely palliative and not curative in nature, because the Act does not contemplate such an award in the absence of total disability. 39-2-4854 David M. Carberry v. State of New Jersey, Div. of State Police, App. Div. (11 pp.) When a police officer, out on a disability not related to work, was injured in a car accident while returning from a physical examination which his employer required to clear him to return to work, he was not engaged in the direct performance of duties” which would qualify the accident as occurring within the scope of his employment under the special mission” exception of the going and coming rule. [Approved for publication Jan 31, 1995.] 39-2-4855 Kenneth Jannucci v. Givaudan-Roure Corp., App. Div. (6 pp.) Where petitioner’s injury, although resulting in an unsightly scar, did not lessen his working ability or substantially interfere with his life, award of permanent partial disability was erroneous. CRIMINAL LAW AND PROCEDURE 14-2-4856 State of New Jersey v.Andre Regis , App. Div. (33 pp.) Even if there is evidence to support defendant’s contention that identifications by witnesses were made under circumstances that would render them suggestive, the other eyewitness and physical evidence was overwhelming and the defendant was not deprived of a fair trial. 14-2-4857 State of New Jersey v. Douglas E. Mathewson, App. Div. (5 pp.) Where defendant, approaching DWI roadblock, pulled into parking lot of closed restaurant and turned around to continue in direction away from roadblock, this constitued suspicious activity sufficient to sustain police pursuing and stopping him and evidence then obtained of his intoxication was properly admitted. 14-2-4858 State of New Jersey v. Kevin Gorking, App. Div. (32 pp.) The trial judge committed reversible error which cannot be rehabiliated during the charge on attempted murder by including within the scope of that offense the purpose to cause serious bodily injury resulting in death. 14-2-4859 State of New Jersey v. Carlos Paoli, App. Div. (3 pp.) Where defendant’s attorney at post-conviction relief hearing indicated to judge that he had not read the transcripts below and relied solely on what his client told him, this constituted ineffective assistance of counsel and reconsideration of the petition for relief is mandated. 14-2-4860 State of New Jersey v. Harry Kittrell, App. Div. (20 pp.) (1) The trial court erred in admitting, over defendant’s objection, a laboratory certificate analyzing the substance found in 2 bags sold by defendant to an undercover police officer without requiring the State to establish an adequate foundation. (2) The detective’s testimony implying that drug dealers use beepers, while relevant on the issue of intent, was outweighed by its prejudicial impact. [Approved for publication Jan. 31, 1995.] Approved for publication: Duall Building Restoration, Inc. v. 1143 East Jersey Avenue Associates, Inc., 11-2-4839. A

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