RYKOFF-SEXTON, INC. v. MARCIA M. PERCENDA

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6506-04T16506-04T1

RYKOFF-SEXTON, INC. t/a

U.S. FOODSERVICE,

Plaintiff-Respondent,

v.

MARCIA M. PERCENDA,

Defendant-Appellant,

and

OCEAN CITY MARKETPLACE & DELI, INC.,

d/b/a/ MARKETPLACE DELI,

Defendants.

____________________________________________________________

 

Submitted March 14, 2006 - Decided March 29, 2006

Before Judges Coburn and S.L. Reisner.

On appeal from the Superior Court of New Jersey,

Law Division, Special Civil Part, Cape May

County, DC-1075-04.

Marcia M. Percenda, appellant pro se.

Mitnick & Malzberg, attorney for respondent

(Steven Mitnick, on the brief).

PER CURIAM

Plaintiff sued defendant Marcia M. Percenda, now known as Marcia M. Mitrano, to enforce a personal guarantee on a debt of $1,659.60 owed by the corporate defendant, Ocean City Marketplace & Deli, Inc. Percenda had signed the guarantee in connection with her corporation's credit application. Although her corporation's debt was discharged in bankruptcy, Percenda remained liable on the guarantee. Plaintiff moved for summary judgment, and the trial judge granted the motion.

Percenda appeals, contending in purely conclusory terms that the motion should not have been granted because there were issues of fact. However, despite plaintiff's submission of adequate facts supporting its claim, Percenda provided no evidence to the trial judge showing that her corporation had not incurred the debt. Nor did she submit evidence supporting the proposition that the corporation had paid the debt. In addition, she failed to provide any evidence suggesting that she had not signed the guarantee.

Having carefully considered the record and briefs, we are satisfied that appellant's arguments are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E). Therefore, the judgment is affirmed.

 
Affirmed.

(continued)

(continued)

2

A-6506-04T1

March 29, 2006