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VOL. 3, NO. 2 DECISIONS RELEASED JANUARY 4, 1995 DEBTOR/CREDITOR – COMMERCIAL TRANSACTIONS 15-3-4651 Caterpillar Financial Servs. Corp. v. Scott Wells, et al., Law Div. (37 pp.) Where creditor sued for a deficiency against guarantors of a construction equipment lease, but did not give guarantors prior notice of the construction equipment sale, value of the collateral is presumed to be equal to the debt and suit is dismissed. (Approved for publication Jan. 3, 1994.) [Available online in N.J. Full-Text Decisions] FAMILY LAW 20-2-4652 G.C. v. M.Y., App. Div. (10 pp.) Trial court erred in transferring custody of children from the father, a New York resident, to the mother in New Jersey on an emergent basis, without interviewing the children and without conducting a plenary hearing. (Approved for publication Jan. 4, 1994) [Available online in N.J. Full-Text Decisions] HEALTH – CIVIL RIGHTS 22-3-4653 The City of Newark, et al. v. J.S., Law Div. (28 pp.) Trial court held that it is not a violation of the Americans With Disabilities Act to involuntarily commit a person with tuberculosis to a hospital, if the N.J. statutory standards and procedures applicable to involuntary commitments are followed. (Approved for publication Jan. 3, 1994.)[Available online in N.J. Full-Text Decisions] LANDLORD/TENANT – GOVERNMENT 27-2-4654 M.T. v. Kentwood Constr. Co. and New Jersey Dep’t of Community Affairs, App. Div. (4 pp.) Trial court properly ordered a tenant to pay only that portion of her rent that was not covered by government subsidies until the landlord signed the requisite documents allowing her to obtain the subsidy, and properly prohibited the landlord from evicting the tenant for non-payment of rent, since the landlord had previously accepted subsidized tenants. (Approved for publication Dec. 28, 1994.) [Available online in N.J. Full-Text Decisions] WORKERS’ COMPENSATION 39-2-4655 Miguil Marquez Lopez v. P & B Partitions, App. Div. (5 pp.) Workers compensation judge properly awarded temporary disability to drywall finisher injured in a car accident as he was driving to purchase solvent for use in his work, since whether the “control test” or the “relative nature of the work test” is used, the injury arose out of or was in the course of his employment. WRONGFUL DEATH 40-2-4656 Gerald Del Tufo v. Township of Old Bridge, et al., App. Div. (17 pp.) Where executor of a prisoner who died in police custody, from a heart attack caused by a cocaine overdose, was awarded damages in wrongful death suit against township and police department, trial court erred in not instructing the jury to compare the prisoner’s culpability in ingesting the lethal dose of cocaine with the police’s failure to summon medical assistance more promptly. CRIMINAL LAW AND PROCEDURE 14-2-4657 State v. Samuel Bracigliano, App. Div. (14 pp.) Where school principal was convicted of four counts of official misconduct for sexually assaulting children, but jury had acquitted defendant of the predicate offenses for those counts, trial court erred in not acquitting the defendant of official misconduct. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-4658 State v. Doreen E. Brown, App. Div. (8 pp.) Where defendant pled guilty to drunk driving, trial judge erred in suppressing the Breathalyzer results by ignoring the municipal court judge’s credibility findings that the arresting officer had failed to record on his checklist the fact that he had “zeroed out” the machine as part of the test procedure. DECISIONS APPROVED FOR PUBLICATION: 23-2-4640 Patricia Jordan v. Richard Dennison (Jan 3, 1994); 30-2-4641 Joanne Eason v. NJAFIUA and Township of Montclair, et al. (Jan. 3, 1994); 14-2-4645 State v. Dwain Ford and Michael Pratt (Jan. 3, 1994); 14-2-4646 State v. W.L. (Jan. 3, 1994).[All available online in N.J. Full-Text Decisions]

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