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VNB New York Corp. v. Star Holdings, LLC

Superior Court of New Jersey, Appellate Division

October 9, 2013

VNB NEW YORK CORP., a New York Corporation, Appellant/Cross-Respondent,
v.
STAR HOLDINGS, LLC, a New Jersey Limited Liability Company; STAR CONSTRUCTION MANAGEMENT, LLC., a New Jersey Limited Liability Company; RICTAR CONSTRUCTION COMPANY, INC., a New Jersey Corporation; ANTHONY F. RICCARDELLI; SILVIO TARANDA and CONGREGATION AHAVAT YISROEL, Respondents/Cross-Appellants. VNB NEW YORK CORP., a New York Corporation, Plaintiff-Respondent,
v.
STAR HOLDINGS, LLC, a New Jersey Limited Liability Company, and STAR CONSTRUCTION MANAGEMENT, LLC., a New Jersey Limited Liability Company, Defendants-Appellants, and RICTAR CONSTRUCTION COMPANY, INC., a New Jersey Corporation; ANTHONY F. RICCARDELLI; SILVIO TARANDA and CONGREGATION AHAVAT YISROEL, Defendants. VNB NEW YORK CORP., a New York Corporation, Plaintiff-Respondent,
v.
STAR HOLDINGS, LLC, a New Jersey Limited Liability Company, and STAR CONSTRUCTION MANAGEMENT, LLC., a New Jersey Limited Liability Company, Defendants-Appellants, and RICTAR CONSTRUCTION COMPANY, INC., a New Jersey Corporation; ANTHONY F. RICCARDELLI; SILVIO TARANDA and CONGREGATION AHAVAT YISROEL, Defendants.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 20, 2013

On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket Nos. L-2507-11 and L-2758-11.

The Weir Law Firm, LLC and David S. Briman, attorneys for appellant/cross-respondent VNB New York Corp. in A-3957-11 and respondent VNB New York Corp. in A-4197-11 and A-4199-11 (Bonnie M. Weir, of counsel and on the briefs).

Chase Kurshan Herzfeld & Rubin, LLC, attorneys for respondents/cross-appellants in A-3957-11, for appellants Star Holdings, LLC and Star Construction Management, LLC in A-4197-11 and A-4199-11 (Peter J. Kurshan, of counsel and on the briefs).

Before Judges Graves and Simonelli.

PER CURIAM

In these consolidated matters, plaintiff VNB New York, Corp. appeals and defendants Anthony F. Riccardelli (Riccardelli) and Silvio Taranda (Taranda) cross-appeal from a March 12, 2012 Law Division order, which granted summary judgment to Riccardelli and Taranda and dismissed the complaint against them without prejudice (A-3957-11). Defendants Star Holdings, LLC (Star Holdings) and Star Construction Management, LLC (Star Construction) appeal from a second March 12, 2012 Law Division order, which granted summary judgment to plaintiff and awarded plaintiff monetary damages and attorney's fees and costs (A-4197-11). Star Holdings and Star Construction also appeal from a March 12, 2012 Chancery Division order, which granted summary judgment to plaintiff in a foreclosure matter and struck their answer and affirmative defenses, and from a July 2, 2012 final judgment of foreclosure (A-4199-11). We affirm in part and reverse in part.

On August 10, 2007, the following documents were executed in connection with a $425, 000 commercial loan from LibertyPointe to Star Holdings:

1. First Mortgage Note from Star Holdings to LibertyPointe (Note);
2. First Mortgage and Security Agreement from Star Holdings to LibertyPointe (Mortgage);[1]
3. Assignment of Leases and Rents from Star Holdings to LibertyPointe (Lease Assignment);
4. Guaranty from Star Construction, Riccardelli, Taranda and defendant Rictar Construction Company, Inc. (Rictar) to ...

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