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VOL. 3, NO. 12 DECISIONS RELEASED JANUARY 19, 1995 INSURANCE – AUTOMOBILES 23-2-4755 Janet Leary, et al. v. New Jersey Mfrs. Ins. Co., App. Div. (9 pp.) Where insureds, who were injured in a car accident, claimed that their request for a reduction in UM/UIM coverage, which the insurer had received the day before the accident, was not yet in effect, trial court properly dismissed the complaint, since the insurer had received the request. 23-2-4756 Joseph Makowski v. Allstate Ins. Co. and Betty Makowski, App. Div. (9 pp.) Where husband sued his insurer for coverage under a personal umbrella policy for a personal injury claim against him by his wife, trial court erred in granting summary judgment to husband and wife, since too many factual issues existed, and remanded the case for additional discovery and trial. 23-2-4757 Melanie H. Reeves v. Scott L. Gates, et al.,App. Div. (5 pp.) Where plaintiff injured her back in a car accident, trial court properly dismissed the complaint for failure to meet the verbal threshold, since plaintiff received no emergency room treatment, lost no time from work, and was able to care for her children and perform household duties. INSURANCE – REAL ESTATE 23-2-4758 David DeMeo v. Le Club II Condo. Ass’n, Inc., App. Div. (4 pp.) Where condominium owner sued association to recover flood insurance premium, trial court erred in ordering association to pay the premium, since association had no obligation to insure owner’s individual unit. TORTS 36-2-4759 Vincent Izzo v. The Linpro Co., et al., App. Div. (9 pp.) Where an electrician received an electrical shock while installing a wall socket in an office building, trial court erred in dismissing the complaint against the building owner, management and management employee who hired the electrician, since the defendants may have violated OSHA provisions.[Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4760 State v. Roberto Alexander, App. Div. (8 pp.) Where defendant, who pled guilty to narcotics trafficking, moved to have the plea dismissed based on newly discovered evidence, trial court properly denied the motion, since the evidence upon which defendant relied was reasonably discoverable prior to the plea. 14-2-4761 State v. Wilbert Harrington, Jr., App. Div. (7 pp.) Where defendant was convicted of aggravated assault involving a razor, trial court properly (1) admitted prior 1966 murder conviction and 1967 robbery conviction, since both offenses were serious, and (2) did not “sanitize” the murder offense, because it did not involve the use of a knife or razor. 14-2-4762 State v. Jeffrey J. Harvey, App. Div. (15 pp.) Where defendant, who was convicted of second-degree armed burglary, claimed that his mere possession of a knife could not be used to raise a third-degree crime to a second-degree crime, trial court properly charged the jury, since pursuant to case law mere possession is sufficient to elevate a crime. 14-2-4763 State v. Christopher Lukowiak, App. Div. (5 pp.) Where defendant, who was convicted of contempt for telephoning his wife in violation of a restraining order, appealed that he had ineffective assistance at trial because his attorney did not obtain evidence that his wife’s phone was out of order at the time he called her, appellate court denied defendant’s motion for a limited remand to present the new evidence, but allowed defendant to file a petition for post-conviction relief, which is the proper procedural avenue for a claim of ineffective assistance.

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