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Vol. 3 No. 151 – AUGUST 11, 1995 STATE COURT CASES CONDEMNATION 44-2-6357 State, by the Comm’r of Transp. v. Robert J. Shein, et al., App. Div. (16 pp.) In determination of condemned land’s fair market value, the trial judge erred in focusing the factual issue on whether a reasonable buyer and seller would have known that the property was wetlands, since a fair and just compensation award should have been based on the property’s actual condition, not what a reasonable person would know about the property. [Approved for publication Aug. 11, 1995.] CONSUMER PROTECTION — MAGAZINE SWEEPSTAKES 09-4-6358 Janet Miller, et al. v. American Family Publishers, Chancery Div. (29 pp.) Since plaintiffs, participants in defendant’s magazine sweepstakes, have made out a prima facie consumer-fraud case on their contentions that defendant’s mailings fraudulently and misleadingly (1) suggest that one has a better chance to win the sweepstakes if one buys magazines than if one does not, (2) misrepresent that the mailing recipient has survived a winnowing down” process that has placed them in a select group of finalists, and (3) imply that failure to order magazines will lead to recipients being dropped from the contest, defendant’s summary judgment motion is denied. [Approved for publication Aug. 10, 1995.] FAMILY LAW — TORTS — BATTERED WOMAN’S SYNDROME 20-2-6359 Christina Giovine v. Peter J. Giovine, App. Div. (52 pp., including a concurring and dissenting opinion) Since the medical condition of battered woman’s syndrome does not occur until a woman is battered at least twice, the motion judge correctly denied wife the right to present evidence of husband’s alleged first assault, since it was barred by the statute of limitations, but the judge erred in barring all claims for psychological and physical injuries, and wife should be permitted to present proof that she suffers from the syndrome, which caused her inability to take action to improve or alter the circumstances in her marriage unilaterally, which have tolled the statute of limitations; plaintiff also has a right to a jury trial on some of the marital torts. [Approved for publication Aug. 11, 1995.]

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