06-2-0362 Triffin v. Wells Fargo Bank, N.A., App. Div. (per curiam) (8 pp.) Plaintiff, as assignee, instituted this action against defendant, the issuer of a purportedly dishonored check, and the payee, to recover the amount of the check, plus prejudgment interest and costs of suit. Here, plaintiff appeals from the order granting defendant’s motion to enforce settlement, contending that he was denied due process because the judge entered the order without having received the opposition papers he filed. He also challenges the award of counsel fees to defendant. The appellate panel reverses and remands, finding that through no fault of the judge, plaintiff’s response did not make its way into the judge’s file and was not considered in his ruling, therefore, a remand is necessary to satisfy due process. The panel also reverses and remands the portion of the order entitling defense counsel to fees and costs in connection with the motion. [Decided Dec. 15, 2010.]
07-2-0295 Banko v. Antosz, App. Div. (per curiam) (3 pp.) Plaintiff commenced this personal-injury action on Feb. 19, 2002. After she failed to appear for an independent medical examination (IME), on July 25, 2003, an order was entered dismissing the complaint without prejudice. Plaintiff appeared for an IME a few months later, and on March 1, 2004, defense counsel signed a consent order and returned it to plaintiff’s counsel. Plaintiff’s counsel allegedly forwarded the proposed consent order to the trial court for execution, but it was never executed. Here, the appellate panel affirms the trial court’s denial of plaintiff’s motion to restore this case to the active trial calendar because plaintiff did not seek reinstatement for more than six years after the action’s dismissal. [Decided Dec. 9, 2010.]
