June 22, 2007
GREAT SENECA FINANCIAL CORP., PLAINTIFF-RESPONDENT,
GODFREY GASKIN, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County, Docket No. DC-022442-05.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted June 5, 2007
Before Judges Skillman and Holston, Jr.
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).
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