Here is a case in which a husband’s creditors executed upon his wife’s jewlery. Attorney is hired and the case ends with her having to give up 1/2 of the booty. Husband then sues the attorney. Guess? He hired the attorney for his wife, as a nominal defendant, since it was his creditors going after the goods.
Mistake? In NJ it seems always to be a mistake not to file an affidavit of merits with the complaint, whether the mistake is open and obvious or not.
The shortcoming? No privity. The outcome? This case did not even get a written opinion.
"After a careful review of the record and briefs, we are satisfied that plaintiff’s arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). The motion for summary judgment was properly granted for the reasons set forth by the trial judge on the record. We add only the following comments on the spoliation claim which was not expressly addressed by the trial judge.