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Fressie v. DiStasio & Van Buren

June 1, 2007

JOHN FRESSIE, PLAINTIFF-APPELLANT,
v.
DISTASIO & VAN BUREN, INC., DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-2466-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 15, 2007

Before Judges Graves and Lihotz.

This dispute arises out of an alleged breach of a lease agreement between Bascom Corporation (landlord) and defendant DiStasio & Van Buren, Inc. (tenant). In his pro se complaint, plaintiff John Fressie alleged the lease agreement expired on December 1, 2005, and he sought the sum of $25,536.67 for unpaid rent and utilities. Plaintiff appeals from an order dated August 18, 2006, dismissing his complaint with prejudice and an order dated September 26, 2006, denying his motion for reconsideration. Plaintiff's complaint was dismissed because plaintiff was not a party to the lease agreement he sought to enforce, and, pursuant to R. 1:21-1(c), plaintiff is not permitted to represent the corporate landlord.

On appeal, plaintiff presents the following arguments:

POINT A

THE LOWER COURT FAILED TO RECOGNIZE JOHN FRESSIE'S STANDING TO SUE AS OWNER OF THE SUBJECT PROPERTY[.]

POINT B

THE LOWER COURT ERRED BY FINDING THAT JOHN FRESSIE FAILED TO COMPLY WITH RULE 1:21-1(c)[.]

POINT C

THE LOWER COURT IMPROPERLY DISMISSED THE COMPLAINT FOR JOHN FRESSIE'S FAILURE TO COMPLY WITH RULE 1:21-1(c)[.]

POINT D

THE LOWER COURT IMPROPERLY DISMISSED THE COMPLAINT ...


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