SUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISION
DOCKET NO. A-3246-18T2
SACHIN K. SHETH and
HARSHAD PATEL,
Plaintiffs-Respondents,
v.
POOJA GOEL and RAHUL GOEL,
Defendants-Appellants.
______________________________
Argued November 4, 2020 รข€“ Decided November 18, 2020
Before Judges Mawla and Natali.
On appeal from the Superior Court of New Jersey,
Chancery Division, Essex County, Docket No. C-
000064-18.
Shay S. Deshpande argued the cause for appellants.
Robert S. Cosgrove argued the cause for respondents
(Durkin & Durkin, LLC, attorneys; Robert S. Cosgrove,
of counsel and on the brief).
PER CURIAM
In this partition action, defendants Pooja Goel (Pooja) and Rahul Goel
(Rahul)1 appeal from a March 13, 2019 Chancery Division order entered in favor
of the plaintiffs Sachin K. Sheth (Sheth) and Harshad Patel (Patel) after a non-
jury trial. Defendants contend that the court's factual findings were improper as
not supported by the competent and credible evidence. We affirm.
We are able to determine the following facts from the record provided to
us. The parties own three properties as tenants in common on First Street,
Sussex Avenue, and Camden Street in Newark. Defendants, Patel, and Sheth
each own a one-third interest in the First Street property, and the defendants and
Sheth each own a fifty-percent ownership interest in the Sussex Avenue and
Camden Street properties.
At some point in October 2017, a dispute arose regarding the distribution
of rent and the payment of expenses at the properties. Subsequently, plaintiffs
filed a seven-count verified complaint seeking a partition of the properties under
N.J.S.A. 2A:56-1 to -44 and Rule 4:63-1. Plaintiffs also pled causes of action
for conversion and partnership oppression. Plaintiffs further alleged that
defendants breached the parties' contract, their fiduciary duties, and the
1
For ease of reference and intending no disrespect, we refer to defendants by
their first names.
A-3246-18T2
2
covenant of good faith and fair dealing, and sought equitable relief, damages, an
accounting, dissolution of the partnership, and an inspection of all books and
records. Defendants answered the complaint and asserted counterclaims
sounding in breach of contract, unjust enrichment, promissory estoppel,
conversion, fraud, and partition. 2
The court held a trial on the partition claim on March 7, 2019. The court
reviewed documentary evidence and also considered the testimony of Rahul,
2 The March 13, 2019 order also references August 16, 2018, October 22, 2018,
and October 24, 2018 orders. The August 16, 2018 order required that the
properties be "listed for sale with a licensed real estate broker . . . and sold for
the highest and best offer available on the open market." It further ordered that
any proceeds from the sales be placed in escrow. The October 22, 2018 order
required that the defendants comply with a July 17, 2018 order to turn over
financial documents related to the properties and stated that a rent receiver
would be appointed to manage the properties. The October 24, 2018 order
appointed David Dubrow as the rent receiver.
Notably, defendants' notice of appeal seeks review of only the March 13, 2019
order. It is well settled that a party's appeal is limited to those judgments or
orders, or parts thereof, designated in the notice of appeal. Pressler & Verniero,
Current N.J. Court Rules, cmt. 6.1 on R. 2:5-1 (2020). Further, it is unclear
from the record provided how the court resolved the non-partition claims raised
by the parties. In any event, the parties have not briefed any issue other than
those related to the court's March 13, 2019 order and we accordingly consider
any challenge to any ruling by the court related to the non-partition claims
waived. See Gormley v. Wood-El, 218 N.J. 72, 95 n.8 (2014); Pressler &
Verniero, Current N.J. Court Rules, cmt. 5 on R. 2:6-2 (2020).
A-3246-18T2
3
Patel, Sheth, Mark Bunimovich (Bunimovich), the current property manager,
and Atif Joseph (Joseph), a tenant of the Sussex Avenue property.
Rahul testified that in January 2018 he limited plaintiffs' access to
"income generated from [the] properties." He further stated that he kept the cash
collected for the rent in his "car," "jacket," or "pant[s]." Moreover, Rahul noted
that he did not deposit any of this money in the bank account associated with
the properties and was not providing an accounting of the income on "a month-
to-month basis."
Patel testified that he owned a one-third interest in the First Street
property. He further stated that profits generated from the property were
historically distributed in proportion to his ownership interest. Patel also stated
that he was "excluded . . . from access to [the] accounting information" in
October 2017. Likewise, Sheth testified that Rahul failed to respond to his
request for an accounting in October 2017. Sheth further stated that Rahul
removed all the furnishings from the Camden Street and Sussex Avenue
properties.
Bunimovich testified to the condition of the properties and the current
tenants. Specifically, Bunimovich stated that First Street was "fully occupied,"
A-3246-18T2
4
that Camden Street was vacant and required a "substantial amount of work," and
that Joseph is the only tenant at Sussex Avenue.
Joseph testified that he had lived at Sussex Avenue for approximately two
years and paid rent directly to Rahul. Joseph further noted that prior to
Bunimovich taking over the properties, "[eleven] or [twelve]" people lived at
the Sussex Avenue property and that some of them paid their rent to Rahul. He
also stated that he witnessed Rahul and his staff remove furniture from the
property in 2018.
The trial proceedings continued on March 13, 2019, when the court
addressed all of the "debits and credits" by conscientiously considering the
parties' documentary evidence. The court determined that the properties would
be sold with Sheth receiving $32,665.52 in net credits from the sale of the
Camden Street and Sussex Avenue properties. The court further determined that
Sheth and Patel would each receive $13,974.13 in net credits from the sale of
the First Street property. Moreover, the court stated that the "credits shall be
deducted from defendants['] share . . . of the proceeds of sale from the first
closing and prior to any disbursement to defendant[s] from any subsequent
closing[.]" Furthermore, the court ordered Sheth to be reimbursed $9,992.20
"from defendant[s'] . . . share of the first closing for credit line . . . payments
A-3246-18T2
5
[made by Sheth]." The court further appointed Luis Nogueira of Exit Realty to
"market and sell each of the [properties]" and Terri Nitti to "transact and close
the sale[s]."
In support of its decision the court stated that it found Rahul's testimony
"wholly incredible." Specifically, the court noted that defendant "contradict[ed]
himself" stressing that it had "[never] seen a witness who was so self-
contradictory[.]" The court further stated that "[the defendant] was very
fortunate that [the court] made the adjustments [it] made given the fact that his
overall testimony, itself, left much to be desired."
The scope of our review of a non-jury case is limited. Seidman v. Clifton
Sav. Bank, S.L.A., 205 N.J. 150, 169 (2011). The findings on which a trial court
bases its decision will "not be disturbed unless they are so wholly and
supportable as to result in a denial of justice[.]" Rova Farms Resort v. Investor's
Ins. Co. of Am., 65 N.J. 474, 483-84 (1974) (citation omitted). Our review, in
such circumstances, is limited to determining whether the findings of the trial
judge could reasonably have been reached on sufficient credible evidence on the
record considering the proofs as a whole. We must give due regard to the ability
of the factfinder to assess credibility. See Balsamides v. Protameen Chemicals,
160 N.J. 352, 368 (1999). The trial court's decisions on issues of law are,
A-3246-18T2
6
however, subject to plenary review. Manalapan Realty, L.P. v. Twp. Comm. of
Manalapan, 140 N.J. 366, 378 (1995). "A trial court's interpretation of the law
and the legal consequences that flow from established facts are not entitled to
any special deference." Ibid. (citations omitted).
Partition is an equitable remedy by which property, held by at least two
people or entities as tenants in common or joint tenants, may be divided.
Newman v. Chase, 70 N.J. 254, 260-61 (1976); see also N.J.S.A. 2A:56-1 to -
44; R. 4:63-1. When property is subject to partition, a physical division of the
property is one possible remedy. N.J.S.A. 2A:56-2 provides that "[t]he superior
court may, in an action for the partition of real estate, direct the sale thereof if
it appears that a partition thereof cannot be made without great prejudice to the
owners, or persons interested therein." The manner in which property is
partitioned is "within the discretion of the court." Greco v. Greco, 160 N.J.
Super. 98, 102 (App. Div. 1978) (citing Newman, 70 N.J. at 263). Nevertheless,
"the law favors partition in kind." Swartz v. Becker, 246 N.J. Super. 406, 412
(App. Div. 1991).
As noted, defendants assert that the trial court "failed to properly award
damages and did not make proper factual findings" to support the final
judgment. First, we note that defendants fail to cite specifically to the record to
A-3246-18T2
7
support their arguments. As we stated in Spinks v. Twp. of Clinton, parties have
a "responsibility to refer us to specific parts of the record . . . [and] may not
discharge that duty by inviting us to search through the record ourselves." 402 N.J. Super. 465, 474-75 (App. Div. 2008) (citing State v. Hild, 148 N.J. Super.
294, 296 (App. Div. 1977)) (finding that it is improper to request the court to
"scour sixty-one pages of plaintiffs' appendix, as well as computer disks[,]
without informing [the court] of what particular pages supposedly support their
argument"). It was therefore improper for defendants to request that we review
246 pages of trial transcript and 478 pages of the appendix to determine if any
of their arguments had substantive support.
Despite this procedural deficiency, we have considered and reject
defendants' arguments on the merits. We are satisfied that the court reviewed
each of the disputed credits and debits of the parties and made corresponding
factual and credibility findings which are amply supported by the record and
that warrant our deference. Rova Farms, 65 N.J. at 483-84; Balsamides, 160 N.J. at 368.
To the extent we have not addressed any of defendants' arguments, it is
because we find them without sufficient merit to warrant discussion in a written
opinion. R. 2:11-3(e)(1)(E)
A-3246-18T2
Tuesday, January 19, 2021
Sheth v Goel
Sunday, April 26, 2020
Client to Prepare Interrogatory Questions in Civil Cases
Client to Prepare Interrogatory Questions in Civil Cases
Under the court rules, the attorneys for the different parties must provide what is known as discovery. The clients must answer written questions, under oath, posed by the adversary attorney. These are called Interrogatories.
I highly recommend my clients to prepare specific Interrogatory questions, in writing, which we will pose to our adversary to have their client answer.
You could also prepare a list of specific documents, which you demand that they produce. Therefore, I am recommending that you type up between twenty to forty questions to pose upon the other side, together with a list of any documents, which you would like to see which are in their possession. These are similar to questions you may want to have us ask the other person at a deposition. We request that you email questions to our office within fourteen days.
The parties can also be required to produce documents under a formal written request to produce documents. We call these Request for Documents.
The other discovery technique is called Request for Admissions. That is where you type up specific facts, where the answer would be “yes”. These are different from Interrogatory questions.
In some cases, questioning under oath before a court reporter is held.
That is called a deposition, but the costs often exceed $1,000.00.
Thursday, May 2, 2019
Office space for rent
PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE
2053 Woodbridge Ave.
Edison, NJ 08817
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison.
The offices are located on the 1st floor of the building.
2 rooms office
office room # 6 approx 12.4 x 9.4
and front room appr 8 x 9 -office room # 5
plus use of reception room 16.6 x 7.2
and use of storage area in basement
Previously used by Robert Blackman, late former Judge and Prosecutor of Edison
$500 per month [was $600]
Call 732-572-0500
Owner of building is local attorney, Kenneth Vercammen who handles Municipal Court, Estate Planning & Probate, and Criminal Law.
Thursday, December 27, 2018
Mentor program- Edison, NJ 3rdyear law students and law grads
Kenneth Vercammen’s Law Office has a mentor opportunity for new lawyer or recent unemployed attorney to get experience and go to court and learn NJ Law office procedures. We have had 4 new attorneys in past year participate in the mentoring experience where they can learn NJ Law Office Procedure.
Attorney will be provided with use of desk on main floor, plus if needed private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, prosecutors, clients, etc, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
Go to court and get court experience. Excellent opportunity to jump-start a career. Attorney will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney.
The following is included with office use:
Desk space
Reception room for clients and use as Bona Fide Office
You can copy and use our Complaints, Motions, Form Letters and Pleadings.
Use our marketing books, marketing CDs, Criminal, Municipal Court and Elder law audiotapes and video library now located in basement
Use of our computer forms Motions, Complaints, and Form letters
Ability to use a file cabinet in basement to store your old files
Lighting/ Utilities
Bathroom Supplies
Landscaping / Snow Removal
Valuable advice
Hot water, municipal water/sewer charge paid
Attorneys interested should fax, email or mail a resume and cover letter.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817(Phone) 732-572-0500 (Fax) 732-572-0030 vercammenlaw@njlaws.com
Other Duties/ Services to Clients
-Call Courts to follow up on Letter of Representation and scheduling of hearings
-Call Police Departments to follow up on discovery
-Call clients and remind them of hearing dates and what to do
-Prepare Police Chief letters
- Update Criminal and Civil blogs with recent cases
- Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]
- Whatever else needed to assist clients [ex Motions,]
Will many attorneys starting out as solos, this helps them get on their feet and handle Public Defender cases.
If interested, fax, email or mail a resume and cover letter.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817(Phone) 732-572-0500 (Fax) 732-572-0030 vercammenlaw@njlaws.com
Other Duties/ Services to Clients
-Call Courts to follow up on Letter of Representation and scheduling of hearings
-Call Police Departments to follow up on discovery
-Call clients and remind them of hearing dates and what to do
-Prepare Police Chief letters
- Update Criminal and Civil blogs with recent cases
- Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]
- Whatever else needed to assist clients [ex Motions,]
About Mentor Program Director: Kenneth Vercammenis an Edison, Middlesex County, NJ trial attorney. Mr. Vercammen has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics. He has been selected to write the book on Criminal Law for the American Bar Association. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section and is the Co-Chair of the ABA Criminal Law committee, GP Division.
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. As the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is also a recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a substantial portion of his professional time to the preparation for trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings. He serves as the Editor of the popular legal websites www.njlaws.comand www.BeNotGuilty.com
He has served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 25 years. Kenneth Vercammen was included in the 2013 “Super Lawyers” list published by Thomson Reuters. He was a member of the Law Review and top 10% law school grad. Metuchen NJ Public Defender Volunteer Internships available for law students and recent law grads 2019 & law office free space
Please post
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender of Metuchen invites students to apply to serve as volunteer interns. Volunteer Law Clerk interns will attend Wednesday evening and occasional Friday morning court sessions. Please post for your students. If your law school uses Simplicity and this is not currently posted, please email us at Vercammenlaw@njlaws.com
Information regarding our program plus bio information can be found on the website.
www.njlaws.com/public-defender-volunteer.html
Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Emails not accepted. After sending the resume and cover letter, call the office. The Public Defender does not have a paid staff so it is difficult to post to multiple websites.
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
Fax 732-572-0030
Very truly yours,
KENNETH VERCAMMEN,
Metuchen Public Defender Volunteer Internship Mentor Program Director
PUBLIC DEFENDER OF METUCHEN VOLUNTEER LEGAL INTERNS NEEDED
Court times: WEDNESDAY 1pm PM [approx]- 7:30 PM, once a month Friday 9-12, plus hearing preparation work.
3rdyear Law students and Law school graduates can appear in court and represent clients at pleas and motions -Metuchen Public Defender Volunteer Internships
The NJ Supreme Court has approved this Metuchen program for 3rdyear students and law school grads to appear in court under supervision
Volunteer Internship Description:
-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses
-Make demands for Discovery on Prosecutor and review police reports
-Attend hearings and learn from experienced trial attorneys
-Prepare Motions to Suppress Evidence and Motions to Compel Discovery
-Acquire skills in Criminal Law and Procedure by active participation
-Participate in Public Relations activities for NJ State Bar Association, American Bar Association ABA and help organize seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
- Add new criminal cases, criminal statutes and criminal articles to our Public Defender blog: http://criminal-jury.blogspot.comand other legal blogs and websites for use of clients and the general public.
- Add Motor vehicle statutes, criminal court rules to websites to assist persons charged with criminal, traffic, DWI and municipal court complaints
- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.
- -Help edit the new book “Handling DUI and Drug Possession Defense” written by Kenneth Vercammen
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck.
Program lasts 12 weeks Minimum Volunteer time commitment in summer- 18 hours per week. Fall & Spring 12 hours per week. Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
Fax 732-572-0030 No emails- Send cover letter and resume. After sending resume, call to schedule interview 732-572-0500.
Free Office Space for Transitional or New Attorney and work with Metuchen Public Defender and go to Court & Mentor program- Edison, NJ
The Metuchen Public Defender Kenneth Vercammen has a space sharing opportunity for new lawyer or recent Transitional attorney to get experience and go to court and learn NJ Law office procedures and handle some Municipal court cases. This is a mentoring experience where you can learn NJ Law Office Procedure.
Help handle Wednesday night 5:15 -7:55pm Metuchen Municipal Court matters and one Friday morning per month.
Attorney will be provided with use of desk, plus if needed additional private office space in furnished basement to start their practice, rent-free. They can see clients in first floor office rooms. In return they will handle municipal court appearances, Telephone communications with courts, prosecutors, clients, etc, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
-Call Courts to follow up on Letter of Representation and scheduling of hearings & call Police Departments to follow up on discovery
- Prepare timesheets on Fatal Accident cases
-Call clients and remind them of hearing dates and what to do
- Update Criminal and Civil blogs with recent cases
-Assist at Senior citizen Will Seminars and Municipal Court programs
Go to court and get court experience. Excellent opportunity to jump-start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.comto learn about our office. More details at www.njlaws.com/lease.htm
If interested, fax, mail , fax or email a resume and cover letter.
KENNETH VERCAMMEN, Esq. Metuchen Public Defender
2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 vercammenlaw@njlaws.com
__________________________________________
The following is included with office use:
Desk space
Reception room for clients and use as Bona Fide Office
You can copy and use our Complaints, Motions, Form Letters and Pleadings.
Use our marketing books, marketing CDs, Criminal, Municipal Court and Elder law audiotapes and video library now located in basement
Use of our computer forms Motions, Complaints, and Form letters
Ability to use a file cabinet in basement to store your old files
Lighting/ Utilities
Bathroom Supplies
Landscaping / Snow Removal
Valuable advice
Hot water, municipal water/sewer charge paid
Other Duties/ Services to Clients
- Help add our 900+ criminal articles and statutes to our new criminal articles blog [We will teach you how to add articles to Blogs]
-Prepare Police Chief letters
- Whatever else needed to assist clients [ex Motions, ]
About Mentor Program Director: Kenneth Vercammenis an Edison, Middlesex County, NJ trial attorney. Mr. Vercammen has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics. He has been selected to write the book on Criminal Law for the American Bar Association. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section and is the Co-Chair of the ABA Criminal Law committee, GP Division.
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. As the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is also a recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a substantial portion of his professional time to the preparation for trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings. He serves as the Editor of the popular legal websites www.njlaws.com
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