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Vol. 3 No. 136 Decisions Released July 21, 1995 STATE COURT CASES ATTORNEYS 04-1-6215 In the Matter of Ramon A. Irizarry, Attorney at Law, Supreme Ct. (19 pp.) Where attorney’s trust account suffered from constant deficiencies and was overdrawn on numerous occasions, and yet he still continued to deduct his fees from the account, he was guilty of knowing misappropriation of clients’ funds and is disbarred from the practice of law. [Available online in N.J. Full-Text Documents.] COMMERCE — TICKET SALES 08-2-6216 Robert J. Del Tufo, Attorney Gen. of N.J. v. Tickets USA, App. Div. (12 pp.) Trial judge properly dismissed challenge by out-of-state ticket retailer to the applicability of anti-ticket-scalping law to ticket sales made to New Jersey residents, since the law’s broad wording shows the intent that it be applied to all businesses selling tickets in this state regardless of their offices’ physical location, and also since the law regulates evenhandedly, serves a legitimate local public interest and does not have an excessive impact on interstate commerce. CONSUMER PROTECTION 09-2-6217 Ronald Janus, et al. v. Domenico Digiandomenico, et al., App. Div. (10 pp.) The court correctly concluded that corporate defendant was the “seller” within the meaning of the Consumer Fraud Act, and, since there was insufficient evidence to pierce the corporate veil, corporation’s principal was properly granted an involuntary dismissal of plaintiff’s case alleging fraud and misrepresentation in a real estate contract. INSURANCE — MULTI-PERIL — APARTMENT BUILDINGS 23-2-6218 N.P. Apartments Inc. v. Farmers’ Mut. Fire Assurance Ass’n of N.J., App. Div. (6 pp.) Summary judgment was entered correctly dismissing apartment owner’s complaint seeking insurance coverage for problems with the building’s brick veneer as a result of subsurface soil decay, since the policy, while covering the building’s collapse, provided that such collapse must be caused by specific non-excluded perils, none of which were substantiated in the case. LABOR/ EMPLOYMENT — SEXUAL HARASSMENT & DISCRIMINATION 25-2-6219 John Boland v. Doris Caridi, et al. v. Port Authority of N.Y. and N.J., App. Div. (35 pp.) Although female employee presented ample evidence on her counterclaim to prove that she was subject to a hostile work environment and retaliatory measures for filing a sexual misconduct charge, all of which supports the verdict against the Port Authority, since she failed to present sufficient, specific evidence as to the individual liability of her supervisor, the judgment against him is reversed. MUNICIPAL LAW 30-2-6220 State v. Hwida Barkawi, App. Div. (6 pp.) Reversal is required of the conviction of defendant, a Prospect Park resident, for violating a Haledon ordinance designating use of a Haledon park for residents only, since the ordinance failed to adequately apprise a person in defendant’s position that the use of the park would subject her to prosecution and a fine. NEGLIGENCE — ASBESTOS — PUNITIVE DAMAGES 31-2-6221 Barbara Jadlowski, ind. and as Executrix v. Owens-Corning Fiberglas Corp., et al., App. Div. (27 pp.) Reversal of the punitive damages award is required (1) because of the jury charge’s focus on the decedent’s injuries, for which decedent already had been fully compensated, since the principal emphasis in setting a punitive damage award is on its effect on the torfeasor, not the harm to the victim; (2) because the jury also was exhorted to make the defendant pay for what it did to the hundreds of thousands of workers injured by asbestos products; and (3) because the focus was on the death claim, and punitive damages are not awarded for a wrongful death. [Approved for publication July 21, 1995.] [Available online in N.J. Full-Text Documents.]

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