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Kremer v. Sud

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 7, 2007

HONOR KREMER, PLAINTIFF-RESPONDENT,
v.
NISHA SUD AND CHANDER SUD, DEFENDANTS-APPELLANTS.

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-14276-04.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 23, 2007

Before Judges Skillman and Yannotti.

Defendants appeal from an order entered on July 21, 2006, which denied their motion to reinstate their complaint and to summarily dismiss plaintiff's complaint. Defendants present the following arguments:

I. FAILURE BY RESPONDENT(S) TO PRODUCE THE CONTROLLING AND REQUIRED INVENTORY LIST IS AN EVENT OF MATERIAL BREACH OF S_AGREEMENT-062805, BROUGHT PROPERLY BY APPELLANTS BEFORE THE COURT(S).

II. FAILURE BY RESPONDENT(S) TO VACATE ALL PAST JUDGMENTS, ANYWAY SPURIOUSLY PROCURED FROM JUDGE(S) ESCALA AND DOYNE'S UNMISTAKABLE PREJUDICE, IN THE CASE, AS REQUIRED, IS A SECOND EVENT OF MATERIAL BREACH OF S_AGREEMENT-062805, BROUGHT PROPERLY BY APPELLANTS BEFORE THE COURT(S).

III. RESPONDENT(S)', ab initio, SPURIOUS DAMAGE-CLAIM TO STAY PERMANENT EXTINGUISHED, PURSUANT TO S_AGREEMENT-062805 NO WHERE BREACHED BY THE APPELLANTS AND APPELLANTS' SUMMARY JUDGMENT DISMISSAL MOTION(S) NEVER CONTESTED BY THE RESPONDENT(S).

IV. S_AGREEMENT-062805 IS ab initio AN ADHESION INSTRUMENT, LAWFULLY REQUIRED TO BE VOIDED.

V. RESPONDENT(S) ARE UNDISPUTEDLY LIABLE TO APPELLANTS FOR HAVING MALFEASANTLY SHORT-CHANGED THE LATTER DURING THE SALE OF THE REALTY PROPERTY TRANSACTED BETWEEN THEM.

VI. RESPONDENT(S) ARE UNDISPUTEDLY LIABLE TO APPELLANTS FOR HAVING MALFEASANTLY CAUSED THEM DAMAGE IN THE FORM OF DISRUPTING THE LATTER'S LIVELIHOOD.

VII. RESPONDENT(S) ARE UNDISPUTEDLY LIABLE TO APPELLANTS FOR HAVING MALFEASANTLY CAUSED THEM DAMAGE IN THE FORM OF DISRUPTING THE LATTER'S ABILITY TO OCCUPY RENTED PREMISE.

VIII. RESPONDENT(S) ARE UNDISPUTEDLY LIABLE TO APPELLANTS FOR HAVING BROUGHT A PATENTLY FALSE AND FABRICATED ACTION TO BAR OPPORTUNISTICALLY AND MALICIOUSLY, EXECUTED IT MOST MALFEASANTLY AT BAR, . . . CAUSING APPELLANTS UNTOLD PHYSICAL AND MENTAL TORTURE, . . .

IX. ATTORNEYS ET AL ARE UNDISPUTEDLY AND INEXTRICABLE LIABLE TO APPELLANTS, PERSONALLY-PROFESSIONALLY AND JOINTLY-SEVERALLY WITH HONOR, FOR HAVING BROUGHT HER PATENTLY FALSE-FABRICATED ACTION TO THE BAR, IN-LITIGATION RACKETEERING AND OTHER SIMILAR PURSUITS, . . .

X. THE SH__DEPT. IS UNDISPUTEDLY AND INEXTRICABLY LIABLE TO APPELLANTS PERSONALLY-PROFESSIONALLY AND JOINTLY-SEVERALLY WITH HONOR-ATTORNEYS ET AL, FOR BRAZENLY CONSPIRING WITH HONOR-ATTORNEYS ET AL.

XI. RESPONDENT(S)' RESPONSE, TO APPELLANTS' MOTION-A-062706, OF JULY 20, 2006 AS A HIGHLY CONVOLUTED, CONCLUSIONARY, DIVERSIONARY, BANKRUPT AND FAILING R. 1-6:2(a)'S ANY JOINDER OF ISSUES, . . . PRODUCTION, SHOULD NOT HAVE FIRST BEEN PROMPTED BY JUDGE MOSES AND DESERVED TO BE DISMISSED ON THE MERITS . . .

XII. JUDGE MOSES' ORDER-M-072106, PRECISELY FOR HAVING SPRUNG AS A PRODUCT OF HER UNMISTAKABLE [EGREGIOUS] PREJUDICE AND EXTRA JUDICIAL AGENDA HELD WITHIN, IS PRIMA FACIE UNTENABLE, ARBITRARY, UNREASONABLE AND CAPRICIOUS DISPOSITION.

XIII. APPELLANTS' COMPLAINT AGAINST THE RESPONDENT(S) DESERVES TO BE UNQUESTIONABLY AND SUA SPONTE GRANTED; INDEED GRANTED, UPON UNDISPUTED MERITS, ON SUMMARY BASIS.

XIV. APPELLANTS WILL NOT FIND JUSTICE, AS DESERVED, IN THE BERGEN COUNTY TRIAL COURT(S).

We reject these arguments and affirm the July 21, 2006 order substantially for the reasons set forth in Judge Moses' July 21, 2006 letter opinion. Defendants' arguments do not warrant any additional discussion. R. 2:11-3(e)(1)(E).

Affirmed.

20071107

© 1992-2007 VersusLaw Inc.



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