Superior Court of New Jersey, Chancery Division, Cape May
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST A, Plaintiff,
ROBERT ZIMMERMAN; MRS. ZIMMERMAN, UNKNOWN SPOUSE OF ROBERT ZIMMERMAN; 11TH SURF CONDOMINIUM ASSOCIATION; HIRSCH OPTICAL CORPORATION; COUNTY OF ATLANTIC, Defendants.
Decided: March 6, 2017
A. Roney, for plaintiff (Hill Wallack LLP, attorneys).
Zimmerman, defendant pro se.
OF THE MOTION
action is to foreclose on a single-family residential
condominium unit. Plaintiff filed a motion on August 29,
2016, seeking an order to substitute plaintiff and to appoint
a custodial receiver for the subject property. On November
29, 2016, this court granted plaintiff's motion to
substitute plaintiff and denied the motion to appoint a
filed this motion for reconsideration of the order that
denied plaintiff's motion to appoint a custodial
receiver. In support of its motion, plaintiff provides the
certification of Elizabeth Gonzales dated August 19, 2016,
the same certification submitted with the original motion,
and a letter brief from plaintiff's counsel.
motion is unopposed.
standard for a motion for
reconsideration is set forth in Cumming v. Bahr, 295
N.J.Super. 374, 384 (App. Div. 1996) (quoting D'Atria
v. D'Atria, 242 N.J.Super. 392, 401-402 (Ch. Div.
1990)): "Reconsideration should be utilized only for
those cases which fall into that narrow corridor in which
either 1) the Court has expressed its decision based upon a
palpably incorrect or irrational basis, or 2) it is obvious
that the Court either did not consider, or failed to
appreciate the significance of probative, competent evidence
. . . . Thus, the Court must be sensitive and scrupulous in
its analysis of the issues in a motion for
appointment of a receiver is rare. "The appointment of
any receiver is an extraordinary remedy, and involves the
delicate exercise of judicial discretion." Ravin,
Sarasohn, Cook, Baumgarten, Fisch & Rosen, P.C. v.
Lowenstein Sandler, P.C., 365 N.J.Super. 241, 248-49
(App. Div. 2003) (citing First Nat'l State Bank v.
Kron, 190 N.J.Super. 510, 513 (App. Div.), certif.
denied, 95 N.J. 204 (1983)). The ...