GREAT SENECA FINANCIAL CORP. v. GODFREY GASKIN

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5129-05T55129-05T5

GREAT SENECA FINANCIAL CORP.,

Plaintiff-Respondent,

v.

GODFREY GASKIN,

Defendant-Appellant.

__________________________________

 

Submitted June 5, 2007 - Decided June 22, 2007

Before Judges Skillman and Holston, Jr.

On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County, Docket No. DC-022442-05.

Godfrey Gaskin, appellant, pro se.

Pressler and Pressler, attorneys for respondent (Lawrence J. McDermott, Jr., on the brief).

PER CURIAM

Defendant appeals from an order dismissing plaintiff's complaint and defendant's counterclaim based on a finding, made after an evidentiary hearing, that the parties entered into a binding oral agreement to settle the case by dismissal of their respective claims without payment by either party. The trial court's finding that the parties orally agreed to a settlement of the litigation is supported by sufficient credible evidence in the record, specifically the testimony of plaintiff's attorney, which was partially corroborated by defendant. Therefore, this finding may not be disturbed. See Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 483-84 (1974). The settlement was valid even though it was not memorialized by a writing. See Lahue v. Pio Costa, 263 N.J. Super. 575, 596 (App. Div.), certif. denied, 134 N.J. 477 (1993). Defendant's arguments regarding the trial court's conduct of the proceedings are clearly without merit. R. 2:11-3(e)(1)(E).

 
Affirmed.

(continued)

(continued)

2

A-5129-05T5

June 22, 2007