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REGIONAL CONST. CORP. v. RAY

837 A.2d 421 (2003)

364 N.J. Super. 534

REGIONAL CONSTRUCTION CORP., C & L Contracting Corp. and DItch Mill Construction, LLC, Plaintiffs-Respondents, v. Lawrence V. RAY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 2003.

Attorney(s) appearing for the Case

Edgar M. Whiting argued the cause for appellant (Cuyler Burk, LLP, attorneys; Mr. Whiting, of counsel and on the brief).

Flaster/Greenberg P.C., attorneys for respondents (Pasquale Guglietta, Esq., on the brief).

Before Judges SKILLMAN, WELLS and FISHER.

The opinion of the court was delivered by FISHER, J.A.D.

Defendant Lawrence V. Ray (Ray) moved to have a default judgment vacated one month after its entry. His motion was granted on the condition that a bond be posted in an amount in excess of the judgment. Because such a condition was neither justified by the circumstances nor proportionate to any prejudice suffered by plaintiffs, we reverse and remand.

The complaint in this matter was filed by plaintiffs...

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