MICHAEL J. MORTORANO VS. TODD SIEGMEISTERÂ (L-3737-13, PASSAIC COUNTY AND STATEWIDE)
A-0280-15T2
| N.J. Super. Ct. App. Div. | Nov 20, 2017Background
- Mortorano, an experienced logistics seller, procured $30,000 worth of cell phones to be sold in Ghana at the request of Richard Alba; phones were shipped to Alba's Ghanaian contact, Cozi Alovor, in Dec. 2010.
- Plaintiff produced invoices (including one signed/endorsed by Alba), a bill of lading showing shipment, and email correspondence concerning payment.
- Emails from Alba and later correspondence implicated that funds expected from Ghanaic litigation/criminal proceedings (involving Alovor) would be used to pay creditors, including plaintiff.
- A corporate resolution identified Alba as a director of Crown Financial Solutions and bore Siegmeister’s signature as president; the trial judge found Alba and Siegmeister business partners under Crown Financial.
- Witness testimony (Donald Alston) and email evidence convinced the trial judge Siegmeister acknowledged a $30,000 obligation to Mortorano; the judge entered judgment for $30,000 against Siegmeister after a bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a contract existed obligating payment for the shipped phones | Mortorano: invoices, shipment proof, and emails show an agreement to sell phones via Alba/Alovor and obligation to pay | Siegmeister: no written contract with him; he denied knowledge/contract and claimed nonperformance by Mortorano | Court: Contract existed; invoices, emails, shipment, and witness testimony supported a binding agreement and obligation to pay |
| Whether UCC writing requirement defeats enforcement | Mortorano: UCC satisfied — signed invoices, merchant-confirmation, and goods delivered/accepted | Siegmeister: UCC requires a written contract for goods $500+; no enforceable writing here | Court: UCC satisfied — signed/endorsed invoice, parties were merchants, confirmation and acceptance of goods made contract enforceable |
| Credibility of Siegmeister’s denials | Mortorano: emails authored/forwarded by Siegmeister and Alston’s testimony corroborate Mortorano’s claim | Siegmeister: denies authoring emails or owing money; claims lack of contract | Court: Credited emails and Alston; found Siegmeister not credible and that he acknowledged the $30,000 debt |
| Procedural challenge invoking Rule 4:50-1 / default-vacatur precedent | Mortorano: (no contention) | Siegmeister: sought relief citing Rule 4:50-1 and Marder (default-vacatur) to set aside judgment | Court: Rejected procedural attack — this was a direct appeal from a contested bench trial (Rule 4:50-1 and default-vacatur law inapplicable); arguments not raised below waived |
Key Cases Cited
- Rova Farms Resort, Inc. v. Invs. Ins. Co. of Am., 65 N.J. 474 (establishing standard for appellate review of trial factfindings)
- Marder v. Realty Constr. Co., 84 N.J. Super. 313 (App. Div.) (discussing standard for vacating default judgments)
- Nieder v. Royal Indem. Ins. Co., 62 N.J. 229 (declining to consider issues not raised below unless jurisdictional or public-interest)
- Fagliarone v. N. Bergen, 78 N.J. Super. 154 (App. Div.) (deference to trial court credibility findings)
- Weiss v. I. Zapinsky, Inc., 65 N.J. Super. 351 (App. Div.) (requirement of substantial evidence supporting trial findings)