TOWNSHIP OF IRVINGTON, ETC. v. SCHEDULE 87, BLOCK 285, LOT 7, ETC. (F-012379-19, ESSEX COUNTY AND STATEWIDE) ( 2022 )


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  •                                 NOT FOR PUBLICATION WITHOUT THE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 binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
    SUPERIOR COURT OF NEW JERSEY
    APPELLATE DIVISION
    DOCKET NO. A-4506-19
    TOWNSHIP OF IRVINGTON,
    a municipal corporation of
    New Jersey,
    Plaintiff-Respondent,
    v.
    SCHEDULE #87, BLOCK 285,
    LOT 7, ASSESSED TO
    SENAT, JORAINE,
    763 LYONS AVENUE,
    IRVINGTON, NEW JERSEY
    07111,
    Defendant-Appellant.
    __________________________
    Argued January 26, 2022 – Decided February 4, 2022
    Before Judges Gilson and Gummer.
    On appeal from the Superior Court of New Jersey,
    Chancery Division, Essex County, Docket No. F-
    012379-19.
    John O. Goins argued the cause for appellant (Goins &
    Goins, LLC, attorneys; Donald C. Goins, on the brief).
    Keith A. Bonchi argued the cause for respondent
    (Goldenberg, Mackler, Sayegh, Mintz, Pfeffer, Bonchi
    & Gill, attorneys; Keith A. Bonchi, of counsel and on
    the brief; Elliot J. Almanza, on the brief).
    PER CURIAM
    In this tax-foreclosure case, defendant appeals an order denying her
    motion to vacate the February 3, 2020 final judgment by default entered in favor
    of plaintiff. We affirm the order substantially for the reasons set forth in Judge
    James R. Paganelli's comprehensive, written decision.
    Generally, the decision to vacate a default judgment under Rule 4:50-1
    "lies within the sound discretion of the trial court, guided by principles o f
    equity." Romero v. Gold Star Distrib., LLC, 
    468 N.J. Super. 274
    , 293 (App.
    Div. 2021) (quoting Coryell, L.L.C. v. Curry, 
    391 N.J. Super. 72
    , 79 (App. Div.
    2006)). "The trial court's judgment will be left undisturbed 'unless it represents
    a clear abuse of discretion.'" 
    Ibid.
     (quoting Hous. Auth. of Morristown v. Little,
    
    135 N.J. 274
    , 283 (1994)). "The [c]ourt finds an abuse of discretion when a
    decision is 'made without a rational explanation, inexplicably departed from
    established policies, or rested on an impermissible basis.'" U.S. Bank Nat'l Ass'n
    v. Guillaume, 
    209 N.J. 449
    , 467 (2012) (quoting Iliadis v. Wal-Mart Stores, Inc.,
    
    191 N.J. 88
    , 123 (2007)).
    A-4506-19
    2
    On appeal, defendant argues the trial court erred in not vacating the final
    judgment pursuant to Rule 4:50-1(f), asserting exceptional circumstances
    existed and the equities in the case favor defendant. Judge Paganelli considered
    these issues, and we discern no abuse of discretion in his decision.
    Affirmed.
    A-4506-19
    3