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VOL. 2, NO. 216 DECISIONS RELEASED DECEMBER 9, 1994 ARBITRATION AND MEDIATION – ATTORNEY/CLIENT – NEGLIGENCE 03-2-4490 Darnell Terry v. Shop Rite Store #225, App. Div. (6 pp.) Where shopper slipped and hurt herself at a store, trial court properly denied shopper’s request to vacate an arbitration award and to extend time to file a request for a trial de novo, since counsel’s failure to supervise her secretary did not present extraordinary circumstances. ARBITRATION AND MEDIATION – PUBLIC EMPLOYEES 03-2-4491 Donald S. Barth v. Township of N. Bergen, App. Div. (5 pp.) Where firefighter sued for compensation for his unused sick leave after he quit, trial court erred in finding for the firefighter, since the firefighter did not arbitrate the matter pursuant to the collective bargaining agreement. COMMERCIAL TRANSACTIONS – DEBTOR/CREDITOR 08-2-4492 Assocs. Commercial Corp. v. Interstate Recycling Corp., et al., App. Div. (10 pp.) Where creditor sold equipment that debtor had defaulted on at an advertised public sale, trial court erred in dismissing the complaint for a deficiency after resale of collateral under the Uniform Commerical Code, since there was no proof of a fair market value appraisal of the collateral at the time of resale. 08-2-4493 Money Store Inv. Co. v. Santo J. Bonanno, App. Div. (6 pp.) Where defaulting debtor contended that creditor had agreed orally to waive real estate taxes on mortgaged property, trial court properly granted creditor’s summary judgment motion, since debtor did not present any evidence to support his claim. INSURANCE – AUTOMOBILES 23-2-4494 Julio Mendoza, et al. v. Jerzy Reszczynski, et al., App. Div. (9 pp.) Where plaintiff injured his back in a car accident, trial court erred in dismissing the complaint for failure to meet the verbal threshold, since factual issues existed as to whether the injury seriously affected his life. LABOR AND EMPLOYMENT 25-2-4495 Frank Ripley v. Ambrosia Choclate Co., et al., App. Div. (6 pp.) Where employee sued employer for firing him because he suffered from angina and stress, trial court gave the jury incorrect written interrogatories dealing with accommodation, since the written instructions erroneously directed the jury to return a verdict for employer instead of completing the interrogatories. 25-2-4496 David T. Smith v. Squibb Corp., App. Div. (10 pp.) Where, in a wrongful termination suit, jury arrived at an inconsistent verdict, trial court erred in not ordering a new trial or directing the jury to return for consideration of its verdict, under R. 4:39-2. NEGLIGENCE 31-2-4497 James Renschler, et al. v. Hillside Warehouse and Trucking Co., Inc. et al., App. Div. (11 pp.) Where contractor was injured when he slipped on company’s property, trial court erred in speaking to the jury off the record regarding comparative negligence percentages. CRIMINAL LAW AND PROCEDURE 14-2-4498 State v. Earl Best, App. Div. (9 pp.) Where defendant was convicted of second-degree robbery, trial court properly held that evidence of unrelated crimes can be presented to the same grand jury that indicted him for the robbery, since any prejudice is cured by the separate indictments and trials before different juries and judges. 14-2-4499 State in the Interest of D.G., App. Div. (6 pp.) Where defendant pled guilty to drug possession, trial court erred in denying the suppression motion, since the police officer admitted that he knew that the bulge in defendant’s pant leg during a pat-down search was not a weapon but could not tell if it was drugs; therefore removing the bulge was an illegal search. 14-2-4500 State v. Robert Green, App. Div. (7 pp.) Where defendant was convicted of three first-degree robberies, trial judge did not err when he did not instruct the jury that it must find corroboration of a defendant’s statement, since the judge instructed the jury to consider the credibility of defendant’s statement in light of all the other evidence in the case. 14-2-4501 State v. Gerard Jones, App. Div. (4 pp.) Where defendant, who was convicted of second-degree aggravated assault, claimed that a new judge should not have heard his motion for a new trial because he did not have a feel for the case, judge properly heard the motion, since defendant’s motion did not raise an issue that turned on the trial judge’s feel for the case. 14-2-4502 State v. James Kirkland, App. Div. (8 pp.) Where defendant was convicted of murder, trial court properly admitted a letter that defendant sent from prison to a friend asking the friend to kill witnesses to the murder, since declarations subsequent to the commission of a crime that indicate consciousness of guilt are relevant and admissible. 14-2-4503 State v. Donald L. Lemore, App. Div. (7 pp.) Where defendant was convicted of burglary, trial court erred in allowing the jury to consider evidence of defendant’s unwillingness to cooperate with a police investigation during interrogation and erred in allowing prosecutor during summation to comment about defendant’s lack of cooperation, since both incidents violated defendant’s privilege against self-incrimination. 14-2-4504 State v. Jeffrey D. Lyner, App. Div. (5 pp.) Where defendant was convicted of murder, trial court properly did not instruct the jury that it could find defendant guilty of passion/provocation murder, since there was insufficient evidence of adequate provocation. 14-2-4505 State v. Joseph Marino, App. Div. (7 pp.) Where defendant pled guilty to murder, trial court properly denied a suppression motion, since the defendant clearly agreed to let police officers question him. OPINIONS APPROVED FOR PUBLICATION: 46-2-4475 David Rivkin, et al. v. Dover Township Rent Leveling Bd. (Dec. 8, 1994); 23-2-4479 Rutgers, The State University of New Jersey v. Liberty Mut. Ins. Co., et al. (Dec. 8, 1994); 14-2-4485 State v. Sunday Orji (Dec. 8, 1994); 14-2-4487 State v. Dale Rush (Dec. 8, 1994)[All available online in N.J. Full-Text Decisions.]

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