University Communications Inc. v. Net Access Corp.

Brief on Behalf of Plaintiff-Respondents

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Plaintiffs / Respondents University Communications, Inc. and Jason Silverglate submitted this brief in opposition to the appeal of Appellant Kenneth Ellman seeking to reverse the decision of the Law Division, Morris County, the Hon. Robert J. Brennan, J.S.C., presiding, granting judgment a directed verdict on a motion made pursuant to R. 4:37-2(b) at the close of defendants’ / counterclaimants’ case on their counterclaim. The counterclaim was the only matter tried below.

Considering defendant Ellman’s submissions on this appeal, any tribunal would be forgiven for despairing of ever identifying either the issues or the record on appeal in this matter. Habituated to a full measure of toleration for non-compliance with procedural and substantive requirements in litigation, this pro se party has made no effort to comply with the Rules Governing Appellate Practice as to the form or content of his submissions. His appendix is grossly deficient, incomplete and self-serving. It is larded with deposition transcripts and other material not part of the trial record. Moreover, while actually omitting the opinion below from the Appendix, Appellant has repeatedly misrepresented both its plain content as well as other black-and-white aspects of the trial transcript and record in his submissions.

This brief is UCI's attempt to set forth the record accurately and to assist the appellate court in ascertaining the relevant factual and legal issues before it on this appeal.

The Appellate Division ultimately affirmed in part and reversed in part, finding that the trial judge erred with respect to the evidentiary issue of the invoices, and remanded on the contract claims. Dismissal of the tort claims was upheld, the Appellate Division writing, "Ellman also claims the trial court curtailed his right to present various tort claims, including his claim for abuse of process. That argument does not warrant discussion in a written opinion. R. 2:11-3(e)(1)(E)."

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Reference Info:Appellate Brief | State, 3rd Circuit, New Jersey | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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