deraneyesq — 3 weeks ago
Paying homage to one of the greatest fighters, #TheLawOfficesOfDanielFDeraney came out on top with a 4th Round Knockout yesterday. Lace em up, this one is a doozy.
Toward the end of December of 2024, a Commercial Landlord filed an Eviction against our Client, a Commercial Tenant – the family owned hometown deli, for Non-Payment of Rent. Rather than contacting my Office, our Client trusted he could have the matter dismissed. By the end of January 2025, we were paid in full. Zero Balance. Dismissal Required.
Trying to pull a fast one, the Landlord didn’t dismiss the case, as February’s Rent had accrued. On the Trial Date, our Client didn’t appear, bore out of some misplaced trust. The Eviction moved forward and the lockout happened at the end of February.
Seeking options, our Client contacted my Office. Noticing the Zero Balance and obtaining the evidence of the same, we attempted to negotiate to a resolution for my client to reopen his business. No resolution was to be had. Hard Ball.
After filling a Motion to Vacate Default Judgment, bringing the Courts attention to the Zero Balance, the Court Rules on Default Judgement Vacation, and the Courts Discretion, we were called into Oral Argument yesterday at Bergen County Justice Center before Hon. Joseph R. Rosa, Jr. (Ret. On Recall). The Judge scrutinized the Landlords argument about the (10) Day retention of Jurisdiction by the Special Civil Part. With the doors locked for the last (30) Days, a decision about the life of this business was on the line.
Citing his ability to relax any Rule, and our Citation of the Rules on Vacating Default Judgment, the Court Ruled in our favor. Eviction Action dismissed. Landlord is paid in full through April, and the deli reopened today to a surreal amount of fanfare and excitement.
A trying month for all involved, with high stakes, but a just result.
