07-2-6076 Ricciardelli v. Stanziale, App. Div. (per curiam) (16 pp.) Defendants Paul Stanziale and Lou Ann Stanziale appeal from the order that denied their motion to vacate a default judgment. Plaintiffs Thomas Ricciardelli and Christina Ricciardelli are the owners of a condominium unit at the Trylon Motel Condominium in North Wildwood. Plaintiffs permitted defendants to occupy their condominium unit from June 2003 through October 2005. According to plaintiffs, defendants agreed to pay rent for their occupancy, but failed to do so. Finding the Parker factors weigh heavily in favor of vacating the judgment and permitting defendants to defend the rent action on the merits, the appellate panel reverses and remands.
07-2-6077 Love v. National Railroad Passenger Corp., App. Div. (per curiam) (8 pp.) Finding extraordinary circumstances in plaintiff’s motion for reconsideration of the amended judgment, appeal following the second trial, and petition for certification, the trial judge denied plaintiff’s motion for post-judgment interest. The Appellate Division reverses, holding that where plaintiff suffered a serious injury, a jury twice did not award any sum for pain and suffering, and the trial court granted an additur at a level still markedly lower that the sum awarded for lost wages, it was not unreasonable for plaintiff to consider that he might be entitled to a greater award and to deprive him of post-judgment interest in these circumstances burdens his right to pursue his appellate remedies and is inequitable to him when defendant paid the judgment less liens only after the denial of the second petition for certification.
