JOHN M. CAMMARATA, et al. v. SAMUEL J. NALBONE et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4611-04T14611-04T1

JOHN M. CAMMARATA, Attorney-in-

Fact for MURIEL CAMMARATA,

JOSEPH RUSSO, for the heirs of

LOUIS VASTA, and RUTH JEAN LOYER,

Plaintiffs-Appellants,

v.

SAMUEL J. NALBONE and NALBONE

FAMILY LIMITED PARTNERSHIP,

Defendants-Respondents.

 

Submitted: January 11, 2006 - Decided February 2, 2006

Before Judges Fall and Grall.

On appeal from the Superior Court of New Jersey, Chancery Division, Mercer County, Docket Number MER-C-122-03.

Daniel J. Graziano, Jr., attorney for appellants (Mr. Graziano, of counsel, and Jonathan H. Katz, on the brief).

Teich Groh, attorney for respondents Nalbone (Dean S. Nalbone, on the brief).

Rosen Pagan, attorneys for respondents Kirit Patel and H & K, Inc. (Joel D. Rosen, on the brief).

PER CURIAM

Plaintiffs John Cammarata, attorney-in-fact for Muriel Cammarata, Joseph Russo for the heirs of Louis Vasta, and Ruth Jean Loyer appeal from an order entered in the Chancery Division on March 2, 2005, denying their motion to vacate a settlement that had been reduced to writing and placed on the record concerning this partnership dissolution action with defendants Samuel J. Nalbone and Nalbone Family Limited Partnership, and granting defendants' cross-motion to enforce the settlement. Plaintiffs also appeal from an order entered on April 21, 2005, denying their motion for reconsideration.

The dispute between the parties concerns commercial real property owned by two partnerships. Property known as 1790 North Olden Avenue, Ewing Township (Ewing I), is owned by Whitehead Business Center, a New Jersey partnership. The heirs of Louis Vasta, Muriel Cammarata, and Samuel Nalbone each own a one-third interest in Whitehead Business Center. A small strip shopping center is located on the subject property. The second partnership owned commercial property known as 1764 North Olden Avenue, Ewing Township (Ewing II). Fifty percent of that partnership was owned by Joseph Russo and Ruth Jean Loyer, and the other fifty percent was owned by Nalbone Family Limited Partnership. A shopping center was also located on the Ewing II property.

A dispute arose between the parties concerning the potential sale of the Ewing I property to an entity known as Ronco Development; with respect to the issue of renewal of a lease to H & K, Inc. and Kirit Patel, who had been operating H & K Liquors in one of the stores located in the Ewing I property; and with respect to leases in the Ewing II property.

Those disputes resulted in plaintiffs, on or about October 15, 2003, filing a complaint in the Chancery Division, seeking dissolution of both partnerships; the sale of partnership assets; restraints against Samuel Nalbone from taking any action on behalf of the partnerships; and for judgment declaring void any purported lease entered into between Samuel Nalbone, H & K Liquors and Kirit Patel.

Defendant Nalbone Family Limited Partnership filed a counterclaim against plaintiffs Joseph Russo and Ruth Jean Loyer, seeking damages on allegations that said plaintiffs had intentionally interfered with its desire to enter into a lease with respect to the Ewing II property.

An attempt to mediate the disputes was unsuccessful. During trial of the issues in this matter, on November 18, 2004, counsel for the parties informed the court that they had reached a settlement of all issues. A handwritten document purporting to memorialize the settlement was marked into the record. Shortly after the November 18, 2004 court proceedings, correspondence between counsel raised an issue as to whether one of the plaintiffs agreed to the terms of the settlement.

On January 26, 2005, substitute counsel for plaintiffs filed a motion seeking an order vacating the purported settlement. On or about February 2, 2005, defendants Nalbone and Nalbone Family Limited Partnership filed a cross-motion seeking to enforce the settlement. Defendants H & K, Inc. and Patel opposed plaintiffs' motion and joined in the cross-motion, also seeking enforcement of the settlement.

The motions were argued in the Chancery Division on February 18, 2005, before Judge Neil H. Shuster. On March 2, 2005, Judge Shuster issued an order, supported by written findings and conclusions, denying plaintiffs' motion, and granting defendants' cross-motion to enforce the settlement. Plaintiffs moved for reconsideration. That motion was argued before Judge Shuster on March 22, 2004. On April 21, 2005, Judge Shuster entered an order denying the reconsideration motion, supported by written findings and conclusions.

On appeal, plaintiffs present the following arguments for our consideration:

POINT I

THE TRIAL COURT ERRED IN DENYING PLAINTIFFS' MOTION TO VACATE THE SETTLEMENT AND IN GRANTING DEFENDANTS' MOTION TO ENFORCE THE SETTLEMENT.

A. The Trial Court Erred in Holding that Plaintiffs Agreed to a Settlement in this Matter.

B. The Trial Court Erred in Determining that Plaintiffs' Counsel Had Authority to Settle this Action.

C. The Trial Court Erred by Failing to Conduct a Plenary Hearing as to Whether there Existed an Enforceable Settlement Agreement.

 
After analyzing the record in the light of the written arguments advanced by the parties, we conclude that the issues presented by plaintiffs are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), and we affirm substantially for the reasons articulated by Judge Shuster in his written opinions issued on March 2, 2005, and April 21, 2005. Contrary to the circumstances in Amatuzzo v. Kozmuik, 305 N.J. Super. 469, 471 (App. Div. 1997), there are no material issues of fact that required a plenary hearing.

Affirmed.

An order entered in the Chancery Division on September 24, 2004, dismissed the complaint against defendants Dean Nalbone, Frank Nalbone and Debra Nalbone, and substituted Nalbone Family Limited Partnership as a defendant in count two of the complaint.

(continued)

(continued)

5

A-4611-04T1

February 2, 2006