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VOL. 3, NO. 10 Decisions Released JANUARY 17, 1995 CIVIL PROCEDURE – CONTRACTS – REAL ESTATE 07-2-4735 Mark J. Allen, et al. v. Ilona R. Hirschfeld and Weichert Realtors, App. Div. (8 pp.) Where potential home buyers brought suit for return of deposit against homeowners, who in turn sued realtor for not obtaining a financially able buyer, trial court erred in dismissing the homeowners’ complaint under the entire controversy doctrine, since the first complaint was filed before Cogdell v. Hospital Ctr. at Orange, 116 N.J. 7 (1989). CONSTITUTIONAL LAW – CORRECTIONS 10-2-4736 Robert G. Percy v. State Dep’t of Corrections, App. Div. (8 pp.) Department properly denied inmate’s requests to impregnate his wife through artificial insemination, since there was no abuse of administrative discretion and since, in granting this request, the department would have to extend it to other prisoners, which would create significant financial burdens and security concerns.[Available online in N.J. Full-Text Decisions.] FAMILY LAW 20-2-4737 Ron Blaustein v. Karen Blaustein, App. Div. (7 pp.) Although husband contended that wife could make more money as an interior designer than as a manager of a home child-care business, trial court properly awarded wife permanent alimony, since the wife should not be forced to accept one type of gainful employment over another. 20-2-4738 M.W. v. R.L., App. Div. (6 pp.) Where plaintiff sued her former boyfriend for harassment, alleging threats of physical harm, and trial judge amended the complaint to include charges that defendant made repeated harassing phone calls to plaintiff for a month, restraining order was improperly granted since the amendment was without notice to defendant. HEALTH – GOVERNMENT 22-2-4739 New Jersey Hosp. Ass’n v. Leonard Fishman, et al., App. Div. (6 pp.) Where association appealed from fee assessment imposed on its members pursuant to N.J.S.A. 26:2H-18.62c on grounds that there was no statutory authority to impose the assessment beyond June 30, 1994, commissioner of health properly assessed the fees, since the statutory language mandates annual assessments, and the need exists for continued funding.[Available online in N.J. Full-Text Decisions.] LABOR/EMPLOYMENT 25-2-4740 Olivia L. Burten v. Bd. of Review, App. Div. (7 pp.) Board erred in requiring secretary to repay unemployment benefits on grounds that she was reclassified as a substitute teacher, since there was ample proof to classify her a secretary, and the reclassification was arbitrary and unreasonable. TORTS 36-2-4741 Peter Sugleris v. New Linden Price Rite, Inc., App. Div. (5 pp.) Trial court properly found no cause of action in shopper’s suit for injuries sustained tripping over a can that had fallen from a shelf, since store’s maintenance procedures were reasonable and adequate to deal with risk of debris. TORTS – GOVERNMENT – CORRECTIONS 36-2-4742 Sofia Ornes v. Lonnie Daniels, et al., App. Div. (7 pp.) Where inmate raped a woman while working under a prison work-release program, trial court properly dismissed woman’s civil action for damages against the prison and place of employment, based on failure to properly perform ministerial duties, under the state Tort Claims Act. [Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4743 State v. Steven DeMauro, App. Div. (10 pp.) Where defendant, after being read his rights, asked to speak with his mother and had nothing to say about the alleged attempted murder, trial court properly granted a suppression motion, since defendant invoked his right to remain silent. 14-2-4744 State v. Christopher Smokes, App. Div. (5 pp.) Where defendant was convicted of cocaine possession with intent to distribute, trial court properly denied a motion for judgment of acquittal, since the evidence was sufficient to permit a conclusion that defendant and a co-defendant both possessed the cocaine. 14-2-4745 State v. Kevin Stokes, App. Div. (11 pp.) During a trial for aggravated assault, prosecutor’s remarks — that the only reason the police testified as they did was to seek justice — were improper but did not constitute plain error, since the judge gave a curative instruction. 14-2-4746 State v. Joseph Wade Stovall, App. Div. (11 pp.) Trial court properly held that defendant charged with cocaine distribution was not entitled to know an informant’s identification, since the informant did not pay a central role in the drug transaction. 14-2-4747 State v. Oscar Villalobos, App. Div. (6 pp.) During a trial for third-degree burglary, prosecutor’s comments that defendant may have surreptitiously remained in the burglarized store all night did not go beyond the four corners of the indictment, since the indictment spoke in terms of unlawful entry, encompassing both subsections of N.J.S.A. 2C:18-2a.

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