ABBEY KUKU et al. v. IRIS KUKU, his wife

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4487-04T54487-04T5

ABBEY KUKU and

IRIS KUKU, his wife,

Plaintiffs-Appellants,

v.

LINDOLPH CAMPBELL,

Defendant-Respondent.

______________________________________

 

Argued January 24, 2006 - Decided February 9, 2006

Before Judges Skillman and Axelrad.

On appeal from Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-2993-03.

Natalie A. Zammitti Shaw argued the cause for appellants (Law Offices of Rosemarie Arnold, attorneys; Ms. Shaw, of counsel and on the brief).

Neil Chessin argued the cause for respondent (Goodman, Galluccio & Chessin, attorneys; Mr. Chessin, on the brief).

PER CURIAM

Plaintiffs appeal, by leave of court, from an order of the trial court entered on March 8, 2005, vacating the judgment entered in their favor on January 24, 2005. We affirm substantially for the reasons expressed in Judge Miniman's oral opinion of March 4, 2005. We are satisfied that Judge Miniman did not abuse her discretion in concluding that defendant showed the good cause and absence of prejudice required for relaxation of the thirty-day period allowed by Rule 4:21A-6(b)(1) for service of a trial de novo demand. See Flett Assocs. v. S.D. Catalano, Inc., 361 N.J. Super. 127, 130-32 (App. Div. 2003); see also Nascimento v. King, 381 N.J. Super. 593 (App. Div. 2005) (slip op. at 6-7). We note in particular that the purpose of service of a pleading is to give notice to the opposing party, see O'Connor v. Altus, 67 N.J. 106, 126-28 (1975), and that it is undisputed plaintiff's counsel received notice of defendant's trial de novo demand, in the form of a trial date notice from the clerk of the court, within thirty days of the arbitration award.

 
Affirmed.

(continued)

(continued)

2

A-4487-04T5

February 9, 2006