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Vol. 3 No. 86 DECISIONS RELEASED MAY 9, 1995 ATTORNEY/CLIENT 04-2-5576 Land & Marketing Technology, Inc. v. Stern, Lavinthal, et al., App. Div. (8 pp.) Where it was clear from a review of plaintiff’s expert’s testimony that his opinions were based on his general knowledge of accepted standards among attorneys for real estate developers in New Jersey, he was qualified to opine that defendant law firm was negligent in failing to review the municipal sewer ordinance and to advise land developer of its terms, particularly its provision for pre-purchasing sewer permits, and this, together with other evidence, provided a sufficient evidentiary foundation for the jury to find that defendant law firm committed legal malpractice. LANDLORD/TENANT — LAND USE 27-2-5577 Outback Steakhouse of Florida, Inc., et al. v. Crossroads Plaza, Inc. et al., App Div. (6 pp.) Where landlord sought under a parking agreement with tenant restaurant to limit restaurant’s parking privileges despite municipal approvals and a parking variance, and tenant sued to enforce the parking agreement, landlord’s claim that restaurant’s municipal approvals were “void” because the application contained misrepresentations constituted an untimely challenge to the municipal approval of the site plan and variance applications, and the motion judge correctly dismissed the landlord’s counterclaim. PHYSICIAN/PATIENT 29-2-5578 Thomas Redstone, et al. v. Bilal A. Mian, M.D., et al., App. Div. (12 pp.) The trial court erred in entering judgment for the defendant doctor, since (1) there was an issue for the jury to consider pertaining to the doctor’s subsequent conduct upon receipt of a report from another doctor which indicated that the reporting doctor was not comfortable with the test results and further studies were recommended, and (2) where there was other medical evidence that clinical indications of carotid problems were present despite the fact that the defendant denied it, which set up an issue of fact for the jury to decide. CRIMINAL LAW AND PROCEDURE 14-2-5579 State v. Benny Hogan, App. Div. (18 pp.) Where the victim recanted her original accusation, even though she later stated that the recantation was under duress, the prosecutor was guilty of misconduct where the recantation was not brought to the attention of the grand jury, even though the prosecutor did not believe the recantation to be true, since it was solely up to the grand jury to weigh the factors, and the prosecutor may not use her own beliefs to decide which evidence the grand jury should hear. [Approved for publication.] [Available online in N.J. Full-Text Decisions.] 14-2-5580 State v. Warren H. Benas, App. Div. (6 pp.) The trial court was correct in admitting the results of the Breathalyzer tests administered after defendant’s arrest, despite defendant’s attack on the reliability of the machine, and the defense expert’s testimony that the alcohol depletion of the simulator solution used to test the machine could produce an inaccurate reading is insufficent and entirely speculative. [Decided March 16, 1995; Approved for publication May 8, 1995.] [Available online in N.J. Full-Text Decisions.]

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