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Cases cited for the legal proposition you have searched for.

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1

...grants courts the power to stay an eviction up to a maximum of six months, restricts a court's power to vacate a judgment for possession on equitable grounds pursuant to Rule 4:50-1. The...evicted, the court issued a stay of the warrant and allowed Little to return to her apartment. The court then vacated the judgment pursuant to Rule 4:50-1 on Little's payment of the back rent..., and that the facts did not justify the application of Rule 4:50. 263 N.J. Super. 368, 622 A.2d 1343 (1993). We granted certification, 134 N.J. 476, 634 A.2d 523 (1993), and now reverse. I Defendant, Cathy Little, rents an apartment from the Authority, a public-housing agency created pursuant to N.J.S.A. 55:14A-1. She...


Court: Supreme Court of New Jersey.
Date: Apr 11, 1994 Cited By: 569 Coram: 1
2

...meritorious defense, Rule 4:50–1(a), that the trial court's judgment is void, Rule 4:50–1(d), or that this case presents...exceptional circumstances, Rule 4:50–1(f). As to the meritorious defenses compelled by Rule 4:50–1(a), the Guillaumes invoke the Fair.... In a per curiam opinion, an Appellate Division panel affirmed, holding that the Guillaumes had failed to demonstrate excusable neglect or a meritorious defense as required by Rule 4:50–1(a...


Court: Supreme Court of New Jersey.
Date: Feb 27, 2012 Cited By: 782 Coram: 1
3

...under Rule 4:50-1 on the grounds of: (a) — mistake, (b) — newly discovered evidence, (d) — the judgment was void, and (f) — the catch-all. The trial judge enforced the settlement...municipal ordinance. The Appellate Division reversed based on Rule 4:50-1(e), which allows relief from a judgment where "it is no longer equitable that the judgment..."significant change in law" that implicated Rule 4:50-1(e) and warranted a hearing regarding whether enforcement of the consent judgment would be "equitable" in light of that change. The panel...


Court: Supreme Court of New Jersey.
Date: Mar 25, 2009 Cited By: 248
4

...plaintiff's standing to file the foreclosure complaint long before the end of the litigation. Id. at 220–21, 27 A.3d 1229. Rule 4:50–1 governs an...which a party may seek to vacate a default judgment pursuant to Rule 4:50–1. The grounds are: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered...(quoting R. 4:50–1).] Motions made under any Rule 4:50–1 subsection “must be filed within a reasonable time.” See Orner v. Liu, 419 N.J.Super. 431, 437, 17 A.3d 266 (App.Div.), certif. denied,208 N.J. 369, 29 A.3d 741 (2011) (citing Bascom Corp. v. Chase Manhattan Bank, 363 N.J.Super. 334, 340, 832 A.2d 956 (App.Div.2003)). In addition, Rule 4...


Court: Superior Court of New Jersey, Appellate Division.
Date: Oct 11, 2012 Cited By: 302
5

...foreclosure pursuant to Rule 4:50–1(d) and (f). In pertinent part..., Rule 4:50–1 permits a court to vacate a final judgment on these grounds: “(a) mistake, inadvertence, surprise, or excusable neglect; ... (c) fraud ... (d) the judgment or order is void...to (d) and (f) must be filed “within a reasonable time.” R. 4:50–2. On appeal, defendants claim for the first time that the judgment was obtained by fraud. See Rule 4:50–1(c). That claim...


Court: Superior Court of New Jersey, Appellate Division.
Date: Nov 14, 2012 Cited By: 129 Coram: 1
6

... Defendant seeks review of the Appellate Division's affirmance of the denial of the motion to vacate the default judgment. Under Rule 4:50-1, a court may relieve a party from a final...judgment against it and not forwarding notice to corporation's registered agent was inexcusable). EDS, therefore, is not entitled to relief under Rule 4:50-1(a). EDS also...(1963) (vacating default judgment under predecessor of Rule 4:50-1, "stressing that the issues were not private in nature but involved matters of public concern"); Tenby Chase Apartments v. New...


Court: Supreme Court of New Jersey.
Date: Jun 14, 1993 Cited By: 308
7

...final judgment; that is, on June 7, 2010, defendants moved to vacate the June 8, 2009 order pursuant to subsections (c), (e), and (f) of Rule 4:50-1. The resolution of such a..., relying solely on the fact that they filed their motion within one year of the order in question. In relying upon the one-year time bar in Rute 4:50-2, defendants have misapprehended the Rule's command that all such motions must first be filed "within a reasonable time." In addition — as for those motions based on Rule 4:50-1(a...based on Rule 4:50-1(a), (b) or (c). All Rule 4:50 motions must be filed within a reasonable time, which, in some circumstances, may be less than one year from entry of the order in...


Court: Superior Court of New Jersey, Appellate Division.
Date: Apr 26, 2011 Cited By: 64 Coram: 1
8

...verbal threshold requirements. There was no direct appeal of that decision. However, six months later, through new counsel, plaintiff filed a Rule 4:50-1(f) motion to vacate...expert report needed to defeat summary judgment. Nevertheless, he concluded that prior counsel's errors did not constitute exceptional circumstances under Rule 4:50-1(f) to vacate the summary...judgment order dismissing her complaint. On appeal, plaintiff contends that the motion court erred in denying her Rule 4:50-1(f) motion to vacate the order dismissing her complaint...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Mar 4, 2015 Cited By: 1 Coram: 1
9

...Maria Cunha's motion to vacate a default judgment of foreclosure entered in favor of plaintiff the City of Newark, pursuant to Rule 4:50-1(f). The matter now returns, with the judge having...default judgment, defendant moved to vacate it arguing: The judgment was void pursuant to Rule 4:50-1(d) for lack of notice; there was excusable neglect pursuant to Rule 4:50-1(a...), because plaintiff refused to provide defendant's family members with a redemption amount; and, for relief pursuant to Rule 4:50-1(f), because...


Court: Superior Court of New Jersey, Appellate Division
Date: Dec 15, 2022 Cited By: 0 Coram: 1
10

...pursuant to Rule 4:50-1(d) and (f). He argued the court record "shows no filed 1 Defendant filed an amended notice of appeal from the court's January 7, 2025 oral opinion amplifying its...vacate the judgment is without merit because the certificate of [tax] debt entered against [him] is not a default judgment, a final judgment, or an order[,] which may be vacated under [Rule] 4:50-1." "Rather... On appeal, defendant contends the court "failed to provide adequate findings of fact and conclusion[s] of law supporting its decisions pursuant to [Rule] 1:7-4 and . . . [Rule] 4[:]50-1." We are...


Court: Superior Court of New Jersey, Appellate Division
Date: Nov 14, 2025 Cited By: 0
11

...relief pursuant to Rule 4:50-1. The motion was denied, and plaintiffs filed this timely appeal, arguing Dr. Forbes's act of seeking...employment with the defendant medical practice triggered a right to relief pursuant to Rule 4:50-1(f). We disagree. In the interim...subsection (f), that subsections (a) through (e) offer no ground upon which Rule 4:50-1 relief might be granted; the subsections are mutually exclusive. Plaintiffs instead rely solely on subsection...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Jan 29, 2018 Cited By: 0 Coram: 1
12

... Defendant Bohdan Senyszyn appeals from a November 10, 2022 order denying his Rule 4:50-1 motion for relief from a November 5, 2021 order confirming an arbitration award entered in favor of...2021 judgment. In October 2022, defendant moved for relief from the judgment under Rule 4:50-1(a), (b), and (c) on grounds of mistake, fraud, and misrepresentation or misconduct by plaintiffs...the arbitration and the fact the judgment ordered defendants to pay them back was not grounds for relief under Rule 4:50-1. The motion judge denied defendant's motion and...


Court: Superior Court of New Jersey, Appellate Division
Date: Apr 24, 2024 Cited By: 0 Coram: 1
13

...appeal from the December 11, 2017 final judgment. More than four-and-one-half years later, in August 2022, defendant moved to vacate the final judgment pursuant to Rule 4:50-1. Defendant's.... In an October 4, 2022 order, the court denied defendant's motion to vacate the final judgment under Rule 4:50-1. The court found "defendant . . . failed to establish a sufficient legal or...defendant's Rule 4:50-1 motion. Defendant filed the motion more than four-and-one-half years after entry of the final judgment. Although...


Court: Superior Court of New Jersey, Appellate Division
Date: Jul 13, 2023 Cited By: 0 Coram: 1
14

...the final judgment. However, rather than moving before the Family Part to vacate the judgment pursuant to Rule 4:50-1, defendant filed the present appeal... to the default judgment. She maintains that the appropriate procedure would have been for defendant to attempt first to obtain relief from the trial court under Rule 4:50-1. If such a...court by filing a motion under Rule 4:50-1; a party may not directly appeal a judgment entered in default. See, e.g., Haber v. Haber...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Dec 1, 2017 Cited By: 0 Coram: 1
15

...court determined defendant did not establish entitlement to relief under Rule 4:50-1(a) because she did not demonstrate either excusable neglect for failing to respond to PNC Bank's request for.... Defendant presents the following arguments for our consideration: POINT 1 Defendant Is Entitled to Relief Pursuant to R. 4:50-1(c) and (f). POINT 2 The Assignment to plaintiff is invalid. II. Defendant sought to vacate the final judgment under Rule 4...judgment or order. [R. 4:50-1.] Rule 4:50-1 "reconcile[s] the strong interests in finality of judgments and judicial efficiency with the...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Apr 26, 2018 Cited By: 0 Coram: 1
16

.... In denying defendant's motion to vacate summary judgment, the judge did not address Rule 4:50-1, but hand wrote on the order that defendant...motion to vacate judgment, such as the one filed by defendant, is governed by Rule 4:50-1, which provides various avenues for relief from a judgment or order. Pursuant to section (a) of the rule..., a court may relieve a party from a final judgment because of "mistake, inadvertence, surprise, or excusable neglect[.]" A party seeking to prevail under Rule 4:50-1(a) must demonstrate...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Dec 4, 2015 Cited By: 0 Coram: 1
17

...plaintiff's motion was time-barred and otherwise failed to satisfy the standards for relief from judgment pursuant to Rule 4:50-1. On...medical report. For the first time on appeal, plaintiff also argues the settlement should be vacated under Rule 4:50-1 because he was "misinformed and unaware of the true facts" and relied on...(e)(1)(E). We add only the following limited comments. Under Rule 4:50-1, the trial court may relieve a party from an order or judgment for the following reasons...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Jan 26, 2018 Cited By: 0 Coram: 1
18

...default. In this opinion, we reiterate well-settled principles set forth in Rule 4:50-1 and the standard for calculating damages under the New Jersey Consumer Fraud Act (CFA..., 2018, and damages entered on June 3, 2019, pursuant to Rule 4:50-1(a), (d), and (f), approximately ten weeks after defendant's counsel entered an appearance on March 11, 2020, and after...to damages entered after the proof hearing conducted on June 3, 2019, based on [ Rule 4]:50-1(a), (d) and (f). [ Rule] 4:50-2 expressly provides that a motion to vacate a judgment must be made "within a reasonable time" and for motions relying on sub-section (a) for "mistake, inadvertence, surprise, or excusable neglect" not more than one (1) year...


Court: Superior Court of New Jersey, Appellate Division
Date: Jun 24, 2021 Cited By: 43 Coram: 1
19

...meritorious defense required to vacate a judgment under Rule 4:50-1(a). The property was sold to PHH at a sheriff's sale on January 28, 2016...from the final judgment was made under subsection (a) of Rule 4:50-1. Subsequent to PHH's transfer of the property to FNMA, and twenty-months after entry of the July...24, 2014 final judgment, defendant filed a second motion to vacate the judgment under Rule 4:50-1 and to dismiss the foreclosure...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Sep 8, 2017 Cited By: 0 Coram: 1
20

...to Rule 4:50-1(d) because plaintiff was not the holder of the note at the time the complaint was filed, and thus, lacked standing to file the complaint. On October 21, 2011, the court denied...default judgment and dismiss the complaint, arguing the judgment was void pursuant to Rule 4:50-1(d) for lack of standing. In denying the motion, the judge distinguished Toledo, finding.... We reject defendant's argument that the judgment should be vacated pursuant to Rule 4:50-1(a), "mistake, inadvertence, surprise, or excusable neglect" and Rule 4:50-1(f...


Court: SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
Date: Oct 2, 2013 Cited By: 0 Coram: 1

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