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Brock Farms, Inc. v. Marrazzo

January 13, 2010

BROCK FARMS, INC., PLAINTIFF-RESPONDENT,
v.
ANTHONY MARRAZZO T/A A. MARRAZZO LANDSCAPING CO., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-2228-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: January 4, 2010

Before Judges Axelrad and Espinosa.

In this collection action, defendant appeals from an order for summary judgment in plaintiff's favor in the amount of $73,70l, and denial of his motion for reconsideration. We affirm.

In May of 2008, plaintiff Brock Farms, Inc. filed suit against defendant, Anthony Marrazzo t/a A. Marrazzo Landscaping Co., on a book account for trees and landscaping material sold and delivered in 2005 and 2006. An answer was filed on behalf of "[d]efendants, Anthony Marrazzo and Marrazzo Landscaping Co." Plaintiff then filed a motion for summary judgment, supported by a certification of its president, Edward Brock, which stated, in part, that "[f]or a number of years, Anthony Marrazzo of A. Marrazzo Landscaping purchased thousands of dollars of trees, and other landscape material at wholesale on credit" and attached invoices addressed to "A. Marrazzo Landscaping" or "A. Marrazzo Landscaping, Attn: Anthony Marrazzo."

The sole document presented in opposition was a "Response to Plaintiff's Motion for Summary Judgment" in which the attorney responded to plaintiff's statement of material facts, which, among other things, "admitted that A. Marrazzo

[L]andscaping, purchased the alleged materials from [plaintiff]" and denied "that Anthony Marrazzo, individually had purchased the alleged materials"; and admitted "that A. Marrazzo Landscaping Co. obtained the materials on credit" and denied "that Anthony Marrazzo individually had purchased the alleged materials on credit." The opposition failed to allege or present any evidence that defendant company was a corporation and of the individual's relationship to the business and his dealings with plaintiff. Following oral argument, which transcript was not provided by appellant, the court granted summary judgment to plaintiff and against "Defendant, Anthony Marrazzo t/a A. Marrazzo Landscaping Co." by order of December l9, 2008.

Defendant filed a motion for reconsideration, which was supported solely by a certification of counsel stating, in pertinent part:

3. It is the contention of the Defendant that the Court erred when determining that Plaintiff was entitled to Summary Judgment against the stated Defendant Anthony Marrazzo t/a A. Marrazzo Landscaping Co. as Anthony Marrazzo is an individual, employed by A. Marrazzo Landscaping. (See Exhibit B)*fn1

4. At all times during the alleged relationship between Defendant A. Marrazzo Landscaping, Inc. and Plaintiff Brock Farms, Inc. any and all paperwork was signed by Anthony Marrazzo as an employee of A. Marrazzo Landscaping, Inc.

5. The Plaintiff has improperly ple[]d Anthony Marrazzo as a Defendant in this matter synonymous with A. Marrazzo Landscaping.

6. The Order of Summary Judgment granted against Defendant Anthony Marrazzo t/a A. Marrazzo Landscaping does a great injustice to Anthony Marrazzo, an individual, who cannot be held personally liable for the corporation's alleged wrongdoing.

7. It is respectfully requested that this Court reverse its previous Order of December l9, 2008 wherein the Plaintiff Brock Farms, ...


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