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Lan Dai Nguyen v. Sanghwan Hahn

January 21, 2011

LAN DAI NGUYEN, PLAINTIFF-RESPONDENT,
v.
SANGHWAN HAHN, ATTORNEY AT LAW, DEFENDANT-APPELLANT, AND CHOON OK BAE, DEFENDANT.



On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County, Docket No. DC-015251-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 15, 2010 - Decided Before Judges Cuff and Sapp-Peterson.

In this pro se appeal, defendant, Sanghwan Hahn, appeals from the judgment entered following a bench trial awarding plaintiff, Lan Dai Nguyen, $6590. We affirm.

Hahn is an attorney who prepared a number of documents in connection with the purchase of a nail salon by Choon Ok Bae, from plaintiff: (1) the Bill of Sale; (2) the Escrow Agreement ("EA") signed by Nguyen, Bae, and Hahn; and (3) the Indemnification Agreement signed by Nguyen and Bae. The EA provided:

ESCROW AGREEMENT

This Agreement [is] made this September 24, 2007, by and between Lan D[.] Nguyen, t/a Blooming Nails as Seller and Choon Ok Bae as Buyer (referred collectively as "parties")[.]

WITNESSETH

Whereas, the parties are on this date consummating the terms and conditions of a certain Agreement ("Agreement") respecting the sale of the business known as Blooming Nails and owned by the Seller and being operated at . . . 219 Smith St., Perth Amboy, New Jersey; and

Whereas, the Agreement is contingent upon certain performances by the Seller, to wit, receiving of tax clearance letter and clearance of any debts and/or liabilities; and

Whereas, the parties agree that the performances of the Seller can best be assured by this Agreement.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Escrow Amount. The sum of $[7000] shall be held in escrow by the Buyer's attorney, to wit, Sanghwan Hahn, Esq., until such time as all the terms of the Agreement are met or for 30 days[,] whichever is later.

2. Release of Escrow. Upon the performances by Seller as below, the said attorneys shall immediately forward to the Seller the escrow funds held by virtue of this Agreement, respectively, by attorney ...


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