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VOL. 2, NO. 218 DECISIONS RELEASED DECEMBER 13, 1994 TAXATION – CONSTITUTIONAL LAW 35-2-4514 J.L. Muscarelle, Inc. v. Saddle Brook Township, et al., App. Div. (6 pp.) Where developer challenged the requirement that a taxpayer must pay the current taxes prior to filing a tax appeal challenging the assessed taxes under N.J.S.A. 543:3-27, tax court properly dismissed tax appeals, since taxes had not been paid as required by the statute and the statute does not violate a taxpayer’s due process rights. ATTORNEY/CLIENT 04-2-4515 Pasquale J. Cardone, Esq. v. Miriam Boss, App. Div. (8 pp.) Where client, who owed attorney money, had fee arbitrated before the Fee Arbitration Committee, trial court properly upheld alimony-turnover order to satisfy writ of execution, even though attorney did not timely confirm award, since the client failed to establish excusable neglect under R. 4:50. 04-2-4516 Judson A. Parsons, Jr., et al. v. George Howey, et al., App. Div. (11 pp.) Where client sued attorney for reasonableness and competency of legal services rendered, trial court erred in finding that the attorney’s services were substandard, since there was no evidence that anything the attorney may have done was the proximate cause of any damage the client sustained. COMMERCIAL TRANSACTIONS – CIVIL PROCEDURE 08-2-4517 Marjorie Horowitz, et al. v. Nadine Dev. Corp., et al., App. Div. (5 pp.) Where complaint in a suit for breach of a stockholder’s agreement sent certified and ordinary mail was returned by post office, service was not effective and trial court erred in entering default against the company and officers. FAMILY LAW 20-2-4518 Richard Adams v. Donna Adams, App. Div. (6 pp.) Where wife claimed that husband had disrupted her child care arrangements and her plans for child to attend camp, trial judge erred in rejecting the husband’s certifications and in failing to give reasons for his decision. INSURANCE – AUTOMOBILES 23-1-4519 Bonnie Ingersoll, et al. v. Aetna Casualty and Surety Co. et al., Supreme Ct. (13 pp.) The extended- medical-expense-benefits coverage is not included in the anti-stacking provisions of the New Jersey Automobile Reparation Act, and therefore a seriously injured motorcycle rider can recover extended benefits under his policy and that of his mother, as long as the stacking would not result in double recovery of medical expenses. [Decided Dec. 13, 1994.][Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT – NEGLIGENCE 25-2-4520 John Kane v. Hartz Mountain Indus., Inc., et al., App. Div. (25 pp.) Where an iron worker, who was seriously injured when he fell from a structural steel beam, sued developer and others for failure to keep the premises reasonably safe, trial court erred in charging the jury that it could only find that the defendants were negligent if it found an OSHA violation, since compliance does not in and of itself preclude a finding of negligence.[Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4521 State v. Frank Booker, App. Div. (8 pp.) Where defendant was convicted of murder and arson, trial judge properly did not instruct the jury that the defense of voluntary intoxication can combine with the passion/provocation defense, since an objective element of passion/provocation manslaughter is that the provocation be adequate. 14-2-4522 State v. Michael Brooks, App. Div. (9 pp.) Evidence supported conviction of defendant for first-degree murder, despite defendant’s claim that he killed the victim in self-defense. 14-2-4523 State v. Robin Denise Donald, App. Div. (4 pp.) Trial court erred in convicting defendant of conspiracy to possess a controlled dangerous substance, since the evidence presented at the close of the state’s case was “insufficient to warrant a conviction.” 14-2-4524 State v. Michael Judson, App. Div. (11 pp.) There was no plain error, in trial for second-degree robbery, in trial judge’s giving an incomplete instruction on accomplice liability during his supplemental instruction to the jury, when he did not include it in the initial charge, since the error did not substantially prejudice his right to a fair trial. 14-2-4525 State v. Courtland L. Lyons, App. Div. (9 pp.) Where, during a recess from a trial for marijuana possession, a juror was told by an unidentified juror assigned to another case to put the defendant away, trial court properly did not exclude the juror, since the communication did not have the capacity to influence the resulting jury verdict. 14-2-4526 State v. G.S., App. Div. (28 pp. incl. dissent) Where defendant was convicted of second-degree sexual assault, trial court properly admitted into evidence prior charges against the defendant of endangering the welfare of a child, since it was admissible under Evid. R. 55 to demonstrate the defendant’s motive or intent.[Available online in N.J. Full-Text Decisions.]

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