CIVIL PROCEDURE
07-2-0413 Dingler v. Yallof, App. Div. (per curiam) (5 pp.) Plaintiff appeals from an order dismissing his third complaint against defendant. The parties had entered into a settlement agreement to resolve all claims relating to their joint business venture. Under the agreement, defendant promised to pay plaintiff $90,000 pursuant to a specific payment schedule. Defendant also executed a confession of judgment in favor of plaintiff. When defendant defaulted on the required payments, plaintiff filed a complaint to enforce the settlement agreement and confession of judgment. Plaintiff’s first complaint was dismissed for failure to prosecute. Plaintiff’s second complaint was dismissed. Plaintiff's third complaint also sought to enforce the parties' settlement agreement. Defendant filed an answer and counterclaim, and a motion to dismiss. Defendant asserted that plaintiff's complaint was barred by duress, fraud, unclean hands, estoppel, waiver, laches, accord and satisfaction, the entire controversy doctrine, collateral estoppel, and res judicata. The court granted defendant's motion to dismiss and denied plaintiff's motion to vacate the dismissal and reinstate his complaint. On appeal, plaintiff argues the trial court erred because the merits of his underlying claims have yet to be decided by the court. Plaintiff also argues that because his claims were never adjudicated on their merits, the court erroneously concluded that his complaint is barred by res judicata or the entire controversy doctrine. The appellate panel agrees and reverses the order of dismissal. Plaintiff's complaint is reinstated.
