GIG'S INC. t/a TOM SWIFT'S, Plaintiff-Respondent,
KYUNG HEE PARK, Defendant-Appellant, and JIMMY PARK and KH & Y CORP., Defendants.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted August 28, 2013
On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-0750-06.
Kimm Law Firm, attorneys for appellant (Michael S. Kimm and Francesco A. Savoia, on the brief).
Respondent has not filed a brief.
Before Judges Waugh and Haas.
Defendant Kyung Hee Park (Park) appeals from the March 30, 2012 order of the Law Division denying her motion to amend the September 24, 2008 final judgment entered against her and co- defendants Estate of Jimmy Park and KH&Y Corp. in favor of plaintiff Gig's Inc. Park also appeals the judge's May 11, 2012 order denying her motion to correct the September 24, 2008 judgment and for reconsideration of the March 30, 2012 order. After reviewing the record in light of the contentions advanced on appeal, we affirm.
This matter originated in a dispute between defendants, who operated a restaurant on property they leased from plaintiff, their landlord. The essential background facts are set forth in our earlier opinion in Gig's Inc. v. Park, No. A-0909-08 (App. Div. April 14, 2010) and need not be repeated in detail here.
On June 5, 2008, following a trial, the jury awarded plaintiff $105, 775 for damage caused by defendants to the leased premises. According to the transcript of the verdict, the jury was asked to determine "[w]hat percentages are the defendants liable to the plaintiffs for these damages?" The jury foreperson reported the jury had assessed "33-and-one-third" to each of the three defendants. There is no indication in the trial transcript as to whether the jury intended defendants to be jointly and severally liable for the $105, 775 judgment.
Plaintiff's attorney submitted a draft "Order for Final Judgment." Park did not object to the form of the order and it was signed and filed by the judge on September 24, 2008. With regard to defendants' liability, the judgment provides in pertinent part:
IT IS on this 24[th] day of September, 2008
ORDERED that Judgment be entered for the Plaintiff against K[H]&Y Corp. d/b/a Forte Restaurant and Baden Baden in the amount of $35, 258.33 together with prejudgment interest and costs to be taxed; and it is further
ORDERED that Judgment be entered for the Plaintiff against The Estate of Jimmy Park in the amount of $35, 258.33 together with prejudgment interest ...