Triffin v. Pub. Serv. Elec. & Gas Co.

Full title: ROBERT J. TRIFFIN, Plaintiff-Appellant, v. PUBLIC SERVICE ELECTRIC AND GAS…

Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Date published: Oct 5, 2016

DOCKET NO. A-4369-14T2 (App. Div. Oct. 5, 2016)

Opinion

DOCKET NO. A-4369-14T2

10-05-2016

ROBERT J. TRIFFIN, Plaintiff-Appellant, v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY d/b/a PSE&G, Defendant-Respondent, and TIENNA MOORE, STEPHANIE JUSTE and NADIYAH KNOLTON, Defendants.

Robert J. Triffin, appellant, argued the cause pro se. Respondent has not filed a brief.

PER CURIAM

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3. Before Judges Fisher, Ostrer and Leone. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. DC-10038-14. Robert J. Triffin, appellant, argued the cause pro se. Respondent has not filed a brief. PER CURIAM

Plaintiff sought recovery on three dishonored checks allegedly issued by defendant Public Service Electric & Gas Co. (PSE&G). At trial, the claim on one check was voluntarily dismissed, and PSE&G agreed another check was wrongfully dishonored and Triffin was entitled to $188.94. A non-jury trial occurred with respect to the remaining third check; the judge found Triffin was not entitled to relief.

Notwithstanding the amicable resolution of the $188.94 check, the settlement was never consummated, and Triffin successfully moved to reinstate that claim. That last claim went to trial before a different judge. In colloquy preceding the trial, PSE&G acknowledged its indebtedness to Triffin on the $188.94 check and conceded Triffin was entitled to $255.97; Triffin did not then and does not now contend he is entitled to greater damages on this particular check. Notwithstanding, Triffin sought the right to proceed on the other checks. Recognizing Triffin's claims on the other checks had previously been adjudicated, Judge W. Hunt Dumont rejected Triffin's claim and entered judgment in Triffin's favor in the amount of $255.97 on the $188.94 check.

In appealing, Triffin argues:

I. THE TRIAL JUDGE COMMITTED REVERSIBLE ERROR WHEN HE ASSUMED FACTS NOT IN EVIDENCE AND, IN TURN, GRANTED JUDGMENT ON ONLY ONE OF TRIFFIN'S TWO CLAIMS.

II. PSE&G'S COUNSEL'S COLLOQUY WITH THE TRIAL JUDGE CONSTITUTES INADMISSIBLE HEARSAY.

We find insufficient merit in these arguments to warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed. I hereby certify that the foregoing is a true copy of the original on file in my office.

CLERK OF THE APPELLATE DIVISION