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Hyland v. Simmons

New Jersey Superior Court, Appellate Division


Decided: October 27, 1978.

WILLIAM F. HYLAND, ATTORNEY GENERAL OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LEONARD W. SIMMONS, DEFENDANT-APPELLANT

On appeal from Superior Court of New Jersey, Chancery Division, Union County, whose opinion is reported at 152 N.J. Super. 569 (1977).

Lora, Michels and Larner.

Per Curiam

[163 NJSuper Page 138] The judgment of the Chancery Division, insofar as it awards compensatory damages and interest to

[163 NJSuper Page 139]

plaintiff as trustee for the Borough of Roselle on the theory of a constructive trust, is affirmed substantially for the reasons expressed by Judge Dreier in his oral opinion of June 7, 1977 and his written opinion reported at 152 N.J. Super. 569 (Ch. Div. 1977).

Our review of the record in its entirety establishes that the evidence is sufficiently clear and convincing to support said provisions of the trial court's judgment for plaintiff and that the several contentions of appellant are clearly with out merit.

We do not, however, express any opinion on the propriety of the award of punitive damages in the context of the liability theory involved herein since this issue has not been raised on appeal. The total damage award and judgment entered below is affirmed.

19781027


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