PAULUS, SOKOLOWSKI & SARTOR, LLC v. DARDEN

Docket No. A-4004-13T2.

PAULUS, SOKOLOWSKI & SARTOR, LLC, a limited liability entity organized under the laws of the State of Delaware, Plaintiff-Appellant, v. THOMAS DARDEN; WILLIAM GAUGER; JAMES T. HOCKENSMITH; CHEROKEE INVESTMENT PARTNERS, L.L.C., a limited liability entity organized under the laws of the State of Delaware; CHEROKEE INVESTMENT PARTNERS, II, L.P., a limited liability partnership organized under the laws of the State of Delaware; CHEROKEE INVESTMENT PARTNERS, III, L.P., a limited liability partnership organized under the laws of the State of Delaware; CHEROKEE NORTHEAST, L.L.C., n/k/a Jersey Management Services, a limited liability entity organized under the laws of the State of Delaware; NJM CAPITAL, L.L.C., f/k/a Cherokee Meadowlands, L.L.C., a limited liability entity organized under the laws of the State of Delaware; CHEROKEE LOAN II, L.L.C., a limited liability entity organized under the laws of the State of Delaware; and CHEROKEE INVESTMENT PARTNERS LOAN II, L.L.C., a limited liability entity organized under the laws of the State of Delaware, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2015.


Attorney(s) appearing for the Case

David J. Novack argued the cause for appellant (Budd Larner, P.C., attorneys; Philip S. Adelman , on the briefs).

Steven P. Benenson argued the cause for respondents Cherokee Investment Partners, L.L.C., Cherokee Investment Partners II, L.P., Cherokee Investment Partners III, L.P., NJM Capital, L.L.C., Cherokee Loan II, L.L.C., and Thomas Darden (Porzio, Bromberg & Newman, P.C., attorneys; Mr. Benenson, of counsel and on the brief; John T. Chester , on the brief).

Blank Rome, L.L.P., attorneys for respondents Cherokee Northeast, L.L.C. and William Gauger, join in the brief of respondents Cherokee Investment Partners, L.L.C., Cherokee Investment Partners II, L.P., Cherokee Investment Partners III, L.P., NJM Capital, L.L.C., Cherokee Loan II, L.L.C., and Thomas Darden.

Biancamano Law, L.L.C., attorneys for respondent James T. Hockensmith, join in the brief of respondents Cherokee Investment Partners, L.L.C., Cherokee Investment Partners II, L.P., Cherokee Investment Partners III, L.P., NJM Capital, L.L.C., Cherokee Loan II, L.L.C., and Thomas Darden.

Before Judges Yannotti, St. John, and Guadagno.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Plaintiff Paulus, Sokolowski & Sartor, LLC appeals from the March 26, 2014 order of the Law Division granting defendants' motion for summary judgment and dismissing plaintiff's complaint as barred by the Entire Controversy Doctrine (ECD). For the reasons that follow...

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