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Afsaneh Yafar v. Payman Yafar

July 25, 2012

AFSANEH YAFAR, PLAINTIFF-APPELLANT/ CROSS-RESPONDENT,
v.
PAYMAN YAFAR, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT/ CROSS-APPELLANT,
v.
AZADAH KAFTARI, THIRD-PARTY DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-6350-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 13, 2012 -

Before Judges Payne and Reisner.

In this action by plaintiff, Afsaneh Yafar, against her brother, defendant Payman Yafar, Afsaneh*fn1 has appealed from the judgment in a bench trial resulting in an award to her of $75,000 and the dismissal of the remainder of her claims. Payman, who counterclaimed and filed a third-party complaint against his other sister, Azadah Kaftari, has cross-appealed from the dismissal of all of his claims.

On appeal, Afsaneh argues as follows:

Point One: The Court erred in finding that there must be a certainty of purpose for which money is advanced[.] Counts affected, Count 1 $20,000.00, Count 2 $10,000.00, Count 3 $25,000.00.

Point Two: The Court erred in finding that the wired money was not proven to be a loan[.] [C]ounts affected[,] Counts 4 $17,000.00, Count 5 $13,000.00, and Count 6 $45,000.00.

Point Three: Court erred in finding that plaintiff failed to meet burden of proof as to amounts owed under lease[.] [C]ounts affected, Count 8.

Point Four: Court erred in finding that it was necessary to determine if loans were personal loans or business loans[.] [C]ounts affected, Count 9 $5,000.00 and Count 10 $2000.00.

Payman, who has appeared pro se on appeal, argues that he should have been recognized as a one-third owner, along with his two sisters, of properties located in Wharton and Fair Lawn, New Jersey.

We affirm the trial court's judgment as to both parties.

I.

The record discloses the following factual background of relevance to this matter. In 1979, Afsaneh, at age seventeen, and her sister, Azadah, at age fifteen, emigrated to the United States from Iran. When Afsaneh was twenty and Azadah was eighteen, the two moved to New Jersey, where they worked and attended school. In 1984, they were joined ...


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