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Vol. 3, No. 18 DECISIONS RELEASED JANUARY 27, 1995 CONTRACTS – CONSTRUCTION 11-2-4838 Daryl Munck v. M. Alfieri Co., Inc., et al., App. Div. (5 pp.) Order of trial court upheld holding that subcontractor supplying steel to construction site was held liable to indemnify general contractor for verdict on grounds of negligent supervision, even though subcontractor was not on site and alleged no supervisory duties in its contract with general contractor, inasmuch as indemnification provision in the contract stated that it was to be interpreted to “the fullest extent permitted by law.” 11-2-4839 Duall Building Restoration, Inc. v. 1143 East Jersey Avenue Assoc., Inc. et al., App. Div (25 pp.) A remote buyer that has suffered economic loss as the result of a manufacturer’s breach of implied warranty can be deemed to have notified the manufacturer without direct communication if it notifies the entity which directly sold it the product, and so on up the chain of distribution. Also, retailer was owed indemnification from manufacturer because it had relied on manufacturer’s expert advice. LAND USE 26-2-4840 Joseph Cioffi and Doris Cioffi v. Bd. of Adjustment of Englewood Cliffs, App. Div. (10 pp.) Construction Code Official and Board were correct in viewing fence as “structure” under the Municipal Land Use Law and, accordingly, landowners were required to get site approval before erecting the fence. CRIMINAL LAW AND PROCEDURE 14-2-4841 State of New Jersey v. Sidney Graham, App. Div. (4 pp.) Trial judge did not err in deciding not to charge on the maxim of “falsus in uno, falsus in omnibus” and, even if the charge had been given, defendant failed to show that the testimony sought to be excluded was pivotal to the conviction. 14-2-4842 State of New Jersey v. Kenneth Robinson, App. Div. (6 pp.) Trial court correctly dismissed certain counts of indictment for violation of mandatory joinder rule, where acts of aggravated assault and eluding police, although appearing separate, arose from a single episode, and were part of the larger whole of auto theft. A

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