ROBERT J. TRIFFIN v. CITY OF NEWARK, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5228-05T25228-05T2

ROBERT J. TRIFFIN,

Plaintiff-Appellant,

v.

CITY OF NEWARK, BRIAN BARNES,

LOUIS HADLEY, NATHANIEL BACON,

EILEEN ABRAHAM, WILLIS BOWMAN

and JANICE GREEN,

Defendants,

and

WACHOVIA BANK, N.A.,

Defendant-Respondent.

 
________________________________

Argued: May 22, 2007 - Decided June 1, 2007

Before Judges Kestin and Graves.

On appeal from the Superior Court of New Jersey, Law Division, Civil Part, Essex County, DC-27729-04.

Robert J. Triffin argued the cause pro se.

Jodi L. Rosenberg argued the cause for respondent (Greenbaum, Rowe, Smith & Davis, attorneys; Ms. Rosenberg, on the brief).

PER CURIAM

Plaintiff appeals from the trial court's assessment of a Rule 1:4-8(b) sanction against him for failure to withdraw, on the request of defendant Wachovia Bank, N.A. (Wachovia), a complaint that did not state a cause of action against that defendant. Although plaintiff informally responded to Wachovia "you have nothing to worry about," the pleading was not withdrawn as requested.

In our initial consideration of the matter, we, in an unpublished opinion dated February 9, 2006, remanded to the trial court for reconsideration and, if sanction was deemed still warranted, an expression of the reasons therefor as required by subsection (d) of the Rule. The trial court then, in an order entered on May 30, 2006, re-imposed the sanction for reasons expressed at length in a written opinion dated April 19, 2006. Plaintiff appeals from that ruling.

We have reviewed the record in the light of the written and oral arguments advanced by the parties and prevailing legal standards. Having fully considered the record along with the reasons stated in Judge Hollar-Gregory's opinion, we discern no misapplication of discretion or error of law on the part of the trial court.

 
Affirmed.

(continued)

(continued)

2

A-5228-05T2

June 1, 2007