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Abulkhair v. PPI/Time Zero

May 13, 2009

ASSEM A. ABULKHAIR, PLAINTIFF-APPELLANT,
v.
PPI/TIME ZERO, INC., DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Passaic County, Docket No. DC-012212-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 6, 2009

Before Judges Stern and Espinosa.

Plaintiff appeals from a judgment of June 27, 2008, denying his motion for a new trial. He argues that the denial of his motion for new trial "is a manifest denial of justice," that the court made errors in its decision concerning the contract and statute of limitations requiring a new trial "based on equitable principles and the judicial fairness spirit," that the judge improperly precluded the admission of his evidence, and improperly dismissed and suppressed his claims "without a formal motion."

No transcript of the jury trial was produced on this appeal. But see R. 2:5-3. As a result, we cannot evaluate the motion for new trial or the conclusions of the judge thereon. Accordingly, the appeal must be dismissed.

The appeal is dismissed without prejudice to reinstatement provided that a transcript of the trial is ordered, and the proper deposit is paid, on or before June 15, 2009. If that occurs, plaintiff may serve and file a new brief, which must be keyed to the record, within thirty days of its production. Upon reinstatement and perfection, oral argument shall be conducted.

It is so ordered.

20090513

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