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NEGRON v. MELCHIORRE, INC.

911 A.2d 88 (2006)

389 N.J. Super. 70

Ismael NEGRON, Plaintiff-Respondent, v. MELCHIORRE, INC., t/a Eugene's Bar, Eugene Melchiorre, Eugene's Enterprises, Inc., Defendants-Appellants, and Ledaro Stokes, Defendant-Respondent. Carlos Lucena, Plaintiff-Respondent, v. Melchiorre, Inc., t/a Eugene's Tavern, Eugene Melchiorre, Eugene's Enterprises, Inc., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 2006.

Attorney(s) appearing for the Case

Elizabeth A. Wilson, argued the cause for appellants (Bolan Jahnsen Reardon, attorneys, Shrewsbury; Ms. Wilson, on the brief).

Darrell Fineman, Vineland, argued the cause for respondent Ismael Negron (Capizola Fineman & Lapham, attorneys; Mr. Fineman, on the brief).

Gerard W. Quinn, Atlantic City, argued the cause for respondent Ledaro Stokes (Cooper Levenson April Niedelman & Wagenheim, attorneys; Mr. Quinn, on the brief).

Daniel E. Rosner, for respondent Carlos Lucena, on the letter relying on the brief filed on behalf of respondent Ismael Negron.

Before Judges CUFF, FUENTES and MESSANO.

The opinion of the court was delivered by

FUENTES, J.A.D.

Among the legal questions raised by the parties in this appeal, is an issue of first impression in this State. Namely, whether a party who files an offer of settlement for a specified amount pursuant to the Offer of Judgment Rule, Rule 4:58 ("Rule"),1 is entitled to recover from the party not accepting the offer, the sanctions...

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