NOT FOR PUBLICATION WITHOUT THE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-3391-15T1
MING ZHANG,
Plaintiff-Appellant,
v.
SONDRA MINUSKIN,
Defendant-Respondent.
__________________________
Submitted June 6, 2017 — Decided July 20, 2017
Before Judges Koblitz and Rothstadt.
On appeal from Superior Court of New Jersey,
Law Division, Monmouth County, Docket No. L-
3223-14.
B. David Jarashow, attorney for appellant.
Roth D'Aquanni, attorney for respondent
(Michael A. D'Aquanni, on the brief).
PER CURIAM
Plaintiff Ming Zhang appeals from the January 8, 2016 order
granting defendant's unopposed motion for summary judgment.
Plaintiff also appeals from the March 4 and April 15, 2016 orders
denying his motions for reconsideration. Because of our concern
that the motion be heard with input from both sides, we reverse
and remand to give plaintiff an opportunity to respond to the
summary judgment motion.
Plaintiff's pro se complaint alleges that he loaned defendant
$65,000 to pay off her student loans and paid $9416 for diamond
earrings and $990 for an iPad, all provided to defendant in
contemplation of marriage. After receiving these favors,
defendant left their apartment to live at an unknown location and
plaintiff now seeks the return of the money and items.
Defendant, through counsel, served a motion for summary
judgment on defendant by Lawyers Service at plaintiff's front
door. When plaintiff did not respond to the motion, the court
granted defendant's unopposed summary judgment motion. Defense
counsel mailed the order granting summary judgment to plaintiff,
who immediately filed a motion for reconsideration, alleging he
never received the motion papers because he does not use his front
door.
Plaintiff credibly swore that he did not receive mail or
deliveries at that door, although front-door delivery by Lawyers
Service constitutes good service. R. 1:6-3(c); R. 1:5-4(c). As
soon as defense counsel sent him the order by regular mail,
plaintiff filed his inartful first motion for reconsideration. He
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hired an attorney to file the second such motion. We agree that
self-represented litigants must follow the same rules as counsel,
see Ridge at Back Brook, LLC v. Klenert, 437 N.J. Super. 90, 99
(App. Div. 2014), but at the same time there is a strong preference
that cases be decided on the merits. Midland Funding LLC v.
Albern, 433 N.J. Super. 494, 499 (App. Div. 2013). Because
plaintiff demonstrated no dilatory practices except in connection
with his non-response to the summary judgment motion he denied
receiving, we reverse and remand.
The court should reconsider the motion after plaintiff is
given an opportunity to respond. Reversed. We do not retain
jurisdiction.
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