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VOL. 2, NO. 227 DECISIONS RELEASED DECEMBER 27, 1994 CIVIL PROCEDURE – DEBTOR/CREDITOR 07-2-4613 Am. Express Travel Related Servs. Co., Inc., v. Tempty Morsel, Inc., et al., App. Div. (7 pp.) Where homeowner sued spa dealer for breach of warranty, trial judge erred in not vacating default judgment against the spa dealer, since dealer was not notified that the homeowner sought treble damages on grounds that R. 4:43-2(d), which provides that a party be given notice of an intent to enter a default judgment, encompasses notification of the nature and amount of the judgment. DEBTOR/CREDITOR – CONTRACTS 15-2-4614 Urban Nat’l Bank v. Rhine H. Drukker, et al., (App. Div.)(9 pp.) Where debtors contended that bank orally agreed to modify loan agreement to accept a lower monthly payment, trial court properly rejected debtors’ claim, since any modification had to be in writing. EDUCATION – TORTS 16-2-4615 In the Matter of the Tenure Hearing of Eddie Lee Harrell, State-Operated School District of the City of Paterson, Passaic County, App. Div. (12 pp.) State Board of Education properly dismissed a teacher for inflicting corporal punishment and unjustified physical contact on students, since the decision was supported by extensive evidence. FAMILY LAW 20-2-4616 Deidre Robinson v. Karel Korda, App. Div. (4 pp.) Trial court properly held that husband, who was behind in child-support payments, was not allowed to take his children out of the country on vacation, since the husband’s first responsibility is to pay child support before he takes a vacation. PRODUCT LIABILITY 32-2-4617 George J. Morris, et al. v. Owens-Illinois, Inc., App. Div. (16 pp.) Where employee sued asbestos manufacturer for lung damage caused by asbestos exposure, trial judge properly instructed the jury that there was no dispute that employee suffered from asbestos-related injury, since two expert doctors concurred that asbestos exposure contributed to the employee’s lung damage. CRIMINAL LAW AND PROCEDURE 14-2-4618 State v. Edward Beardsley, App. Div. (5 pp.) Where officer found cocaine in a pack of cigarettes on the front seat of defendant’s car after the officer noticed that defendant had been drinking, trial court erred in not granting suppression motion, since there was no basis for the search and seizure of the cigarette packs other than the auto stop, and the fact that the officer saw them. 14-2-4619 State v. Anthony Harden, App. Div. (4 pp.) Where defendant was convicted of second-degree robbery, appellate court held that defense counsel failed to prove that during jury selection the state exercised its challenges in a racially discriminatory manner, since defendant did not renew its initial challenge and since there still were three black jurors on the panel. CRIMINAL LAW AND PROCEDURE – CONSTITUTIONAL LAW 14-2-4620 State v. Joseph Gomillion, App. Div. (4 pp.) Trial judge erred in claiming that N.J.S.A. 2C:24-4a, endangering the welfare of a child, is unconstitutional, because it incorporates into a second-degree crime the definition of an abused or neglected child from N.J.S.A. 9:6-1 and -3, which is a fourth-degree crime; the trial judge’s ruling gave the prosecutor the authority to decide whether to charge someone with different crimes for the same conduct, which is incorrect because the requisite culpable mental states differ for the two crimes.

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