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VOL. 2, NO. 208 DECISIONS RELEASED NOVEMBER 29, 1994 TAXATION – CONSTITUTIONAL LAW 35-2-4406 City of Ventnor City v. Interdenominational Foreign Missionary Society of New Jersey, App. Div. (5 pp.) Tax court properly denied society’s exemption from municipal taxes for four residential cottages used by missionaries on vacation, since the cottages are not used by missionaries performing their charitable work, and the use did not comply with N.J.S.A. 54:4-3.6 criteria. ATTORNEY/CLIENT 04-2-4407 In re the Matter of the Appointment of Counsel to CLM Constr. Co., App. Div. (6 pp.) Where public defender pool attorney, who had represented company president, appealed from a court order appointing her pro bono counsel for the company, trial court erred in appointing her counsel, since the court failed to comply with R. 3:27-1, and did not acknowledge her written objections.[Available online in N.J. Full-Text Decisions.] CONTRACTS 11-2-4408 Custom Pools, Inc. v. Arthur Stock and Stockland Farms, App. Div. (6 pp.) In a suit over money owed for swimming pool construction, trial court erred in holding that the statute of limitations had not run because installer was entitled to a reasonable time to prepare and submit an invoice, since failure to timely submit an invoice did not extend the six year statute-of-limitations. GOVERNMENT – TORTS 21-2-4409 Glenn Stern, et al. v. County of Ocean, et al., App. Div. (6 pp.) Where plaintiff was injured when he fell from a beach retaining wall after his foot got caught, trial court properly dismissed the complaint against defendants under the state Tort Claims Act, since safety features were thoroughly considered in wall’s design. INSURANCE – AUTOMOBILES 23-2-4410 James Hudick v. Henan American, Inc., et al., App. Div. (5 pp.) Where plaintiff’s back and knee were injured in an auto accident, trial judge properly dismissed the complaint for failure to meet the verbal threshold, since plaintiff failed to establish (1) the causal relationship between the disability and the injury, and (2) his inability to perform all of his usual activities for 90 out of 180 days immediately following the accident. 23-2-4411 Hector Lopez v. William Mendoza, et al., App. Div. (6 pp.) Where plaintiffs were injured when the car in which they were riding was struck by a leased car which was insured through lessor’s insurer, trial court properly held that coverage for all the injuries was a $300,000 combined single limit for each accident, based on policy language. INSURANCE – TORTS 23-3-4412 Alice Thomas v. New Jersey Ins. Underwriting Ass’n, Law Div. (14 pp.) Where insurer denied insured’s claims for damages from house robbery on grounds that robbery claim was false and that insured, during discovery, padded her damages claim, jury properly found for the insurer, since misrepresentation was made early enough during litigation to be considered a material misrepresentation by a jury. [Approved for publication Nov. 28, 1994.][Available online in N.J. Full-Text Decisions.] LABOR AND EMPLOYMENT 25-2-4413 Charles P. Long v. Bd. of Review and Verac Sys. Inc., App. Div. (5 pp.) Review board erred in denying employee unemployment benefits because he was an officer and stockholder of company, since the company permanently ceased doing business. NEGLIGENCE – CRIMINAL LAW AND PROCEDURE 31-2-4414 Warren Gidney v. Township of Pennsauken, et al., App. Div. (20 pp.) Where boyfriend of murder victim sued township and police officers under 42 U.S.C. 1983 alleging that they had been negligent in his arrest and prosecution for his girlfriend’s murder, for which all charges were eventually dismissed, trial court properly denied defendants’ summary judgment motion to dismiss the complaint based on claims of qualified immunity, since there were factual questions concerning probable cause for boyfriend’s arrest. PRODUCT LIABILITY 32-2-4415 Renato M. Camarda, et al. v. Gawet Marble and Granite, Inc., et al., App. Div. (5 pp.) Where employee was injured when a marble balance table fell on him, trial court erred in dismissing complaint against certain table manufacturers, since employee’s counsel had not deposed them. PUBLIC EMPLOYEES 33-2-4416 Manuel Gonzalez v. Essex County Welfare Bd., App. Div. (9 pp.) Merit System Board properly awarded employee back pay after he was acquitted of criminal charges, based on a retroactive application of N.J.A.C. 4A:2-2.10, since the regulation was intended to codify the Board’s long-standing policy and prior course of action. CRIMINAL LAW AND PROCEDURE 14-2-4417 State v. Alphonso Brunson, App. Div. (18 pp.) Where defendant was convicted of murder and eight counts of third-degree burglary, trial court properly sentenced defendant to maximum aggregate sentences, although somewhat less than maximum parole disqualifiers, since the judge properly held that this case mandated a deviation from the sentencing guidelines. 14-2-4418 State v. William Quinones, App. Div. (6 pp.) In a heroin possession trial, prosecutor’s summation statement that a plastic bag containing heroin does not retain fingerprints was improper, but did not deprive defendant of a fair trial, since defense counsel timely objected and the judge’s curative jury instructions removed any prejudice. 14-2-4419 State v. Andre Saunders, App. Div. (8 pp.) Where defendant was convicted of aggravated manslaughter, trial court did not properly instruct the jury on reckless manslaughter, since the probability-possibility distinction was not mentioned, as emphasized in State v. Curtis, 195 N.J. Super. 354 (App. Div. 1984).[Available online in N.J. Full-Text Decisions.] Please note that the following case has been approved for publication: 22-2-4401 In re the Certificate of Need Application of Arnold Walter Nursing Home, et al. (Nov. 28, 1994).[Available online in N.J. Full-Text Decisions.]

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