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Littenberg v. Ritchie

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


April 10, 2008

JERRY E. LITTENBERG, PLAINTIFF-APPELLANT,
v.
JOSEPH RITCHIE AND THE BOROUGH OF CARLSTADT, DEFENDANTS-RESPONDENTS.

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-4325-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 4, 2008

Before Judges Coburn, Fuentes and Chambers.

Plaintiff Jerry E. Littenberg appeals from an order of the Law Division dismissing an action in lieu of prerogative writs he brought against defendants the Borough of Carlstadt and Joseph Ritchie. In this suit, plaintiff seeks to attack, collaterally, a final judgment of foreclosure entered by the court on June 15, 2005, in favor of defendant Ritchie. The judgment foreclosed plaintiff's right of redemption in connection with a tax sale certificate sold to Ritchie by the tax collector of Carlstadt on August 22, 2001.

Plaintiff argues in this appeal that the trial court erred in dismissing his suit: (1) based on the entire controversy doctrine; (2) by given preclusive effect to prior orders entered by the court in connection with this tax sale certificate; (3) by ignoring evidence that a default judgment on the tax sale certificate was obtained through misrepresentation; and (4) by failing to consider his argument based on alleged violations of his rights under the Federal Constitution.

We affirm. We are satisfied that plaintiff's arguments lack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We thus affirm substantially fo the reasons expressed by Judge Toskos in his memorandum of opinion dated November 16, 2006, granting defendants' motion for summary judgment and denying plaintiff's motion to set aside the judgment of foreclosure.

Affirmed.

20080410

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