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New Jersey Superior Court, Appellate Division
Decided: April 24, 1990.
LIDA M. STELLA, PLAINTIFF,v.DEAN WITTER REYNOLDS, INC., DEFENDANT-RESPONDENT-CROSS-APPELLANT, AND DEAN WITTER REYNOLDS HIGH YIELD SECURITIES, INC., AND CLIFFORD R. MURRAY, DEFENDANTS, AND MORGAN GUARANTY TRUST COMPANY OF NEW YORK, DEFENDANT-RESPONDENT. MIDLANTIC NATIONAL BANK/SOUTH, DEFENDANT-RESPONDENT-THIRD-PARTY PLAINTIFF-APPELLANT, V. JOHN J. SYKES, JR., THIRD-PARTY DEFENDANT-RESPONDENT-CROSS-APPELLANT, AND THOMAS J. MCDONOUGH, JR., THOMAS J. MCADAM, JR., SCOTT A. CONESKY, THERESA CONESKY, EDWARD H. KAY, REGINA A. KAY, MARGARET WHITE, ELMER J. PARSONS, NANCY L. PARSONS, ELEANOR DOWNER, S. WHITNEY DOWNER, LUCILLE M. ROBERTSON, GWENN GRAVES HAMILTON, ROBERT H. BROWN, BEVERLY A. BROWN AND MARY L. BROWN, THIRD-PARTY DEFENDANTS
On appeal from the Superior Court of New Jersey, Law Division, Atlantic County.
Deighan, Cohen and Brochin. The opinion of the court was delivered by Brochin, J.A.D.
[241 NJSuper Page 59] In 1970, Clifford Murray, a stockbroker who was employed as an account executive by Dean Witter Reynolds, Inc., successfully solicited John Sykes, a friend or longtime acquaintance, to open an investment account at Dean Witter's Atlantic City office and to purchase investment securities through Murray. Eventually Sykes' account became an "Active Assets" account with check-writing privileges and Sykes used it as his sole
[241 NJSuper Page 60]
checking account as well as for his brokerage transactions. By 1980 Sykes had invested approximately $250,000 in treasury bills with Dean Witter and in 1981, at Murray's suggestion, began investing some of his money in money market funds.
Beginning in September 1981, Murray offered Sykes opportunities to invest in what Murray described as the Dean Witter Reynolds Special Situations Fund in New York. Murray told Sykes that the fund consisted of new issues of common stock offered at a discount to Dean Witter as the underwriter. Participation in the fund, Murray explained, was available only to Sykes and other similarly preferred customers. Sykes testified that between September 1981 and October 1982, he entrusted $328,000 to Murray for investment in the Special Situations Fund.
Subsequent events revealed that Murray's New York Special Situations Fund did not exist. It was entirely a fragment of Murray's imagination through which he fraudulently obtained a large sum of money from Sykes and a number of other Dean Witter customers. Murray eventually pleaded guilty to both state and federal charges of defrauding and misappropriating investors' funds and he is now in prison. See McAdam v. Dean Witter Reynolds, Inc., 896 F.2d 750, 754 n. 1 (3d Cir.1990). Sykes claims that out of his total investment of $328,000, Murray returned only $45,000, and that he has therefore lost $283,000.
Sykes made his first investment in Murray's New York Special Situations Fund in September 1981 by transferring funds to Murray out of his regular brokerage account. At Murray's direction, Dean Witter drew its $20,000 check payable to Sykes, drawn on the firm's regular checking account at Morgan Guaranty Trust Company. The $20,000 was charged to Sykes' brokerage account. Sykes endorsed the check in blank and delivered it to Murray. The evidence at trial showed that Murray, unaccompanied by Sykes, cashed the check at the Ventnor Heights branch of Midlantic National Bank/South.
[241 NJSuper Page 61]
We do not know how Murray disposed of the funds. Sykes' September 1981 statement for his Dean Witter account showed the date and amount of the check and the explanation, "check" and "funds paid." Murray persuaded Sykes that this entry reflected Dean Witter's handling of an internal transfer of funds out of Sykes' brokerage account for investment in the New York Special Situations Fund. Sykes never received any other documentation for this investment.
In December 1981, Murray returned $20,000 to Sykes' Dean Witter account with the explanation that that was the principal amount of Sykes' investment in the New York Special Situations Fund and that the profit on the transaction would remain invested.
In January 1982, Murray told Sykes that Dean Witter was underwriting an increased number of new issues which would provide additional opportunities for investment in the Special Situations Fund. Three more Dean Witter checks were drawn on the firm's checking account at Morgan Guaranty Trust Company, payable to Sykes and charged to his brokerage account; a $30,000 check dated January 5, 1982, a $5,000 check dated January 7, 1982, and a $36,000 check dated January 28, 1982. Sykes endorsed each of these checks in blank and delivered it to Murray. He testified that he did not realize that what he was signing were checks, but he conceded that he intended to authorize the transfer of the money from his brokerage account to Murray for investment in the Special Situations Fund.
On January 13, 1982, Sykes endorsed in blank two payroll checks, totalling $78,420.16, and delivered them to Murray. Sykes testified that he instructed Murray to deposit them in his Dean Witter account. However, Murray cashed the payroll checks at Midlantic's Ventnor Heights branch and received a $38,420.16 cashier's check and $40,000 cash in exchange. He deposited the $38,420.16 in Sykes' Dean Witter account and told Sykes that he had invested the remaining $40,000 in the New
[241 NJSuper Page 62]
York Special Situations Fund. Sykes protested that he had bills to pay and that Murray should not have disobeyed his instructions to deposit the entire $78,420.16 in his brokerage account. But when Murray promised not to disregard Sykes' instructions again, Sykes acquiesced in Murray's investment of the $40,000 in the Special Situations Fund.
In June 1982, Murray returned an additional $25,000 to Sykes' Dean Witter account, ostensibly as a further return of capital. In July, August and October 1982, according to Sykes, he delivered a total of $30,000 in cash to Murray at Dean Witter's Atlantic City office.
Murray arranged to have four other Dean Witter checks issued to Sykes; for $30,000 dated July 20, 1982, for $120,000 dated August 18, 1982, for $8000 dated August 26, 1982, and for $9,000 dated August 26, 1982. The checks were payable to Sykes and were charged to his Dean Witter account, but Murray forged Sykes' endorsements, presented the checks at Midlantic's Ventnor Heights branch, and received cashiers' checks and currency in exchange. Sykes testified that although he did not authorize Murray to sign his name, he did authorize the transfers out of his Dean Witter brokerage account for investment in the Special Situations Fund. Entries on his monthly statements showed that the checks were charged to his account, and he interpreted the entries as confirming the transfers.
During the same period, Murray was using similar stratagems to obtain funds from other Dean Witter customers. He duped them into authorizing investments in Dean Witter's New York Special Situations Fund and cashed their checks at Midlantic's Ventnor Heights branch office. There was evidence that the total amount for which he purchased cashier's checks at that branch office amounted to more than $3,000,000. On one occasion, the branch cashed a check for him in the amount of $457,000, payable to a pension fund, and delivered that entire amount to Murray in $100 bills. He would call the bank in
[241 NJSuper Page 63]
advance so that the cash and cashiers' checks could be prepared for him before he arrived. Midlantic employees testified that cashing third-party checks, checks payable to corporations and checks payable to pension funds at Murray's request became a regular routine, although they knew that the practice was in direct violation of stated bank policy.
Although Sykes made his last payment to Murray for investment in the Special Situations Fund in October 1982, Sykes' confidence in Murray apparently remained unshaken until after February 1984. When Murray suggested in February 1984 that Sykes invest $100,000 of his company's pension fund in the New York Special Situations Fund, Sykes apparently viewed the suggestion favorably since he arranged to have his father, who was in charge of pension fund investments, meet with Murray to discuss the proposal. No investment resulted because Murray, unable to provide Sykes' father with specific facts about the investment, reported later that same day that the investment opportunity was not available because the underwriting was being postponed.
In March 1984, Sykes' brother-in-law, who was also one of Murray's customers, was unable to obtain a check which was due to him from Murray and which he needed to close his purchase of a house. As a result, Sykes began to worry about his New York Special Situations Fund investment and only then went to his attorney who asked Dean Witter for an accounting. At about the same time, the fraud was exposed.
When all the proofs had been presented, the court submitted the case to the jury on 32 special interrogatories. The jury found that Sykes had suffered damages in the amount of $167,000 as the result of Dean Witter's fraud, violation of the New Jersey Securities Act, breach of contract and negligence. That amount was equal solely to the sum of the checks on which Murray had forged Sykes' endorsements, and it represented $116,000 less than his total claim. The jury found that Sykes was " in pari delicto " with Dean Witter, that Dean
[241 NJSuper Page 64]
Witter was 70 percent negligent and Sykes 30 percent negligent, and that the negligence of both had proximately caused Sykes' loss. The jury also found that Midlantic National Bank/South paid $167,000 on checks with forged endorsements, that in doing so it did not act "in good faith and in accordance with the reasonable commercial standards of the banking business," that Sykes ratified all of the forgeries, and that Murray supplied "Dean Witter Reynolds with the name of the payee John Sykes intending that John Sykes had no interest in any checks." The jury determined that Sykes was entitled to $166,000 of punitive damages from Midlantic National Bank/South, but no punitive damages from Dean Witter Reynolds. None of the special interrogatories directed to the jury referred expressly to Morgan Guaranty Trust Company.
The court molded the verdict and entered a detailed form of judgment which awarded Sykes $166,000 punitive damages, without prejudgment interest, against Midlantic National Bank/South. The judgment provided that he could elect to recover from Dean Witter either $167,000 damages plus $49,064 prejudgment interest on his breach of contract claim, or 70 percent of his $167,000 damages, i.e. $116,900, plus $53,763.18 prejudgment interest, on his negligence claim. The judgment recited that Sykes was not entitled to recover against Midlantic National Bank/South and Dean Witter on any other cause of action and that he had no cause for action on any claim against Morgan Guaranty Trust Company.
Midlantic National Bank/South has appealed and Sykes and Dean Witter have cross-appealed. Midlantic challenges the award of punitive damages. It contends that punitive damages could not properly be awarded because Sykes recovered no compensatory damages against the bank and because it was not proved guilty of the kind of outrageous conduct which would warrant punitive damages. Alternatively, the bank contends, the award of punitive damages was the product of mistake, bias, passion and prejudice and, if the judgment for punitive damages could otherwise be sustained, the bank would be
[241 NJSuper Page 65]
entitled to a new trial on that issue. In addition, Midlantic claims that the court should have granted its pretrial motion for summary judgment based on N.J.S.A. 12A:3-405(1)(c), the New Jersey "fictitious payee" provision of the Uniform Commercial Code which is designed to assure that the risk of loss caused by a faithless employee is borne by his employer.
Dean Witter contends that because of the jury's finding that Sykes was in pari delicto, he was entitled to recover only on his negligence claim and not for breach of contract. Alternatively, it argues, even if he was entitled to recover on the contract claim, the award of prejudgment interest was an abuse of discretion because it was inconsistent with the equities as determined by the jury's verdict.
Sykes claims that he was entitled to $167,000 compensatory damages from Midlantic National Bank/South and that the trial court should have granted his motions for judgment and for judgment notwithstanding the verdict, awarding him $283,000 compensatory damages against Dean Witter. He also argues that the court erred in computing the amount of prejudgment interest which it awarded, in denying him compensatory damages against Morgan Guaranty Trust Company, and in holding that he was not entitled to recover triple damages from Dean Witter for violation of New Jersey's Consumer Fraud Act, N.J.S.A. 56:8-1 and following. Sykes also asserts that if judgment is not entered in his favor against Dean Witter for $283,000, or if the jury's verdict of $166,000 punitive damages against Midlantic National Bank/South is set aside, he should be entitled to a new trial.
Sykes Claims Against the Banks
(a) Compensatory Damages
On undisputed facts, the jury found that Midlantic, as the depositary bank, paid Murray $167,000 for four Dean Witter checks that were payable to Sykes and that bore endorsements
[241 NJSuper Page 66]
forged by Murray. However, it also found facts which supported various affirmative defenses. On the basis of those findings, the trial court ruled that recovery of compensatory damages from the bank was barred by N.J.S.A. 12A:3-405(1)(c) (the fictitious payee defense), N.J.S.A. 12A:3-404 (ratification) and N.J.S.A. 12A:3-406 (negligently contributing to an unauthorized signature).
In our view, N.J.S.A. 12A:3-404 (ratification) is dispositive of Sykes' claims for compensatory damages from Midlantic National Bank/South, and we will therefore consider only that defense. Insofar as pertinent, the section reads as follows:
(1) Any unauthorized signature is wholly inoperative as that of the person whose name is signed unless he ratifies it or is precluded from denying it. . . . (2) Any unauthorized signature may be ratified for all purposes of this Chapter. Such ratification does not of itself affect any rights of the person ratifying against the actual signer.
The Uniform Commercial Code comment to this section states:
(ii) . . . A forged signature may at least be adopted; and the word "ratified" is used in order to make it clear that the adoption is retroactive and that it may be found from conduct as well as from express statements. Thus, it may be found from the retention of benefits received in the transaction with knowledge of the unauthorized signature; and although the forger is not an agent, the ratification is governed by the same rules and principles as if he were.
See Thermo Contracting Corp. v. Bank of N.J., 69 N.J. 352, 354 A.2d 291 (1976).
Sykes argues that the facts of the present case do not show ratification because he was unaware that the New York Special Situations Fund was a fraud and he did not know that Murray had transferred his funds to that investment by forged endorsements. Without that information, Sykes contends, he did not have the "full knowledge of all the material facts," Thermo Contracting Corp. v. Bank of N.J., supra, at 361, 354 A.2d 291, which was a prerequisite to ratification.
We disagree. To ratify, Sykes had to know only material facts. In the context of this case, that Murray forged Sykes' signature to effect the transfer of $167,000 from Sykes' brokerage account and that Murray misappropriated the money was
[241 NJSuper Page 67]
not material to the issue of ratification of the unauthorized endorsements. Sykes admitted that he intended to entrust the money to Murray for investment according to Murray's recommendation. He conceded that he knew from past experience that the notations which appeared on his July and August 1982 brokerage account statements indicated that $167,000 had been charged to his account and had been transferred to Murray for the Special Situations Fund. The brokerage account statements referred to checks. If he did not know from these facts that Murray had endorsed checks in his name, the only reason for his not knowing was that the method by which Murray effected the transfers was immaterial since the transfers themselves were known, authorized and approved by Sykes. Significantly, although Sykes knew about these transfers before or shortly after they were made, he did not complain about them until more than a year and a half later. On these facts, the jury was certainly entitled to find, as it did, that Sykes ratified the forged endorsements totaling $167,000.
Fulka v. Florida Commercial Banks, Inc., 371 So. 2d 521 (Fla.Dist.Ct.App.1979), is an analogous case. In Fulka, the plaintiff intended to make a loan to her prospective partner. She drew two checks payable to herself and, because she was about to leave on a short vacation, turned them over to her prospective partner for deposit in the drawer's own account. She planned that when she returned from vacation, the funds would be available and she would be able to use them to make the intended loan. The prospective partner however, forged the plaintiff's endorsement and deposited the checks to his own account. When plaintiff returned from vacation and learned of the forgery, she expressed no objection to the shortcut. When the prospective partner disappeared several months later, however, plaintiff sued the depositary bank. Like the trial court in the present case, the court in Fulka held that plaintiff had ratified the forged endorsement.
[241 NJSuper Page 68]
Although the jury found that Midlantic did not act in good faith and in accordance with commercially reasonable standards in cashing the checks with forged endorsements, ratification absolved the bank from liability, just as Sykes' authorization of the endorsements in advance would have done. Eutsler v. First Nat'l Bank, Pawkuska, 639 P. 2d 1245, 1246-1247 (Okla.1982); American Travel v. Central Carolina Bank, 57 N.C. App. 437, 291 S.E. 2d 892, 895-896, rev. den. 306 N.C. 555, 294 S.E. 2d 369 (1982). Cf. 1 Restatement, Agency 2d, § 92(f) at 237 (1958).
The undisputed facts which support the defense of ratification can also be viewed as defeating Sykes' compensatory damage claim against Midlantic for a different, but related, reason. As the former Court of Errors and Appeals observed in Board of Educ., Tp. of Jefferson v. National Union Bank of Dover, 121 N.J.L. 177, 179-180, 1 A.2d 383 (E. & A.1938), quoting 9 C.J.S. Banks and Banking, § 9356c at 734 (1938), "[g]enerally a bank is liable . . . on a forged endorsement, in the absence of estoppel, contributory negligence, or ratification, or unless the money has reached the intended person."(Emphasis added.) If the funds obtained by the forgery reach the intended payee, the maker has suffered no injury and is not entitled to recover from the bank which paid on the forged endorsement. See Fulka, supra, 371 So. 2d at 525 n. 7; Clemens v. First Nat'l Bank of Berryville, 286 Ark. 290, 692 S.W. 2d 222, 225 (1985); Jones v. American Bank and Trust Company, 387 So. 2d 1360 (La.Ct.App.1980); Blomquist v. Zions First Nat'l Bank, N.A., 18 Utah 2d 65, 415 P. 2d 213 (1966); Sundail Const. Co. v. Liberty Bank of Buffalo, 277 N.Y. 137, 142, 13 N.E. 2d 745, 747 (1938). In the present case, the funds paid on the forged endorsements were transmitted to Murray, where Sykes wanted them to go. He suffered no injury as the result of the Bank's action in paying on the forged endorsements. His injury was the result of his entrusting the funds to Murray and not the result of the manner in which they were transmitted. Consequently, the trial court was correct in
[241 NJSuper Page 69]
holding that Sykes failed to prove that he was entitled to compensatory damages from Midlantic National Bank/South.
Sykes' claims for compensatory damages from Morgan Guaranty Trust Company, the drawee bank which paid on the forged endorsements, must fail for the same reasons.
(b) Punitive Damages
Midlantic contends that because Sykes did not recover any compensatory damages, we should reverse the jury's award of $166,000 in punitive damages. Sykes, however, argues that even if the trial court was correct in declining to award him compensatory damages against the Bank, the award of punitive damages should nonetheless be sustained under the rule of Nappe v. Anschelewitz, Barr, Ansell & Bonello, 97 N.J. 37, 477 A.2d 1224 (1984).
In Nappe, supra, the Supreme Court declared that "punitive damages may be assessed in an action for an intentional tort involving egregious conduct whether or not compensatory damages are awarded, at least where some injury, loss or detriment to the plaintiff has occurred." Id. at 51, 477 A.2d 1224 (emphasis added). The phrase, "at least," might be interpreted as leaving open the possibility that punitive damages may be available even if a claimant has not suffered "injury, loss, or detriment." However, the Court in Nappe expressly held that the trial judge was correct in instructing the jury that to justify an award of punitive damages, "a jury would need to find that the plaintiff suffered some harm as a result" of the defendant's intentional tort. Id. at 54, 477 A.2d 1224. Cf. O'Connor v. Harms, et al., 111 N.J. Super. 22, 29-30, 266 A.2d 605 (App.Div.), certif. den. 57 N.J. 137, 270 A.2d 40 (1970) (Punitive damages may not be awarded where there has not been an award even of nominal damages). In a concurring opinion in Nappe, arguing that the showing required for punitive damages should be less burdensome than that established by the majority, Justice O'Hern wrote, "to support an award of punitive damages, I would require, at a minimum, that the jury find
[241 NJSuper Page 70]
. . . the plaintiff did not get what he or she bargained for." Nappe, supra, 97 N.J. at 60, 477 A.2d 1224. Our reading of Nappe requires us to hold that, although an award of compensatory damages is not a prerequisite to an award of punitive damages, Sykes cannot recover punitive damages against Midlantic National Bank/South unless he suffered "some harm" as the result of its conduct.
Although the jury found that Sykes was damaged by Midlantic's cashing the checks on which Murray had forged his endorsements, we have affirmed the trial court's holding to the contrary. The jury found expressly that Dean Witter and Midlantic did not engage in a conspiracy to defraud Sykes. It was not asked whether Sykes was harmed by any aspect of the Bank's conduct apart from cashing $167,000 of checks with forged endorsements. Consequently, the record is clear that the jury made no sustainable finding that Sykes suffered harm at Midlantic's hands. There is ample evidence in the record which would have supported a finding that the Bank's wholesale disregard for reasonable banking standards and for the policies and practices established by the Bank itself harmed Sykes by enabling Murray to divert customers' funds to his own use and thus to carry on his scheme, but the jury was never asked the necessary question.*fn1
[241 NJSuper Page 71]
R. 4:39-1 deals with the consequences of an omission to ask a question which is essential to a judgment entered in accordance with answers to special interrogatories. Insofar as pertinent, the rule states:
The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact, in which case it may submit to the jury either written questions which can be categorically or briefly answered or written forms of the several special findings which might properly be made under the pleadings and evidence. . . . If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issues so omitted unless before the jury retires he demands its submission to the jury. The court may make a finding as to an issue omitted without such demand, or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict [Emphasis added].
Here the trial judge entered a judgment awarding punitive damages to Sykes in accordance with the jury's verdict. But in explaining his denial of Midlantic's post-trial motion for a judgment of no cause for action notwithstanding the punitive damage verdict, he expressly disclaimed any intention of finding that Sykes had been harmed by the Bank's conduct, although he implied that the evidence would support such a finding. The trial judge's rationale for his ruling, with which we disagree, was that Sykes' proof of a prima facie case against Midlantic as the result of its payment on forged checks was sufficient to sustain a punitive damage award even though the Bank's affirmative defenses defeated his recovery of compensatory damages. We hold that it would be inappropriate for us to "deem . . . [the judge] to have made a finding in accord
[241 NJSuper Page 72]
with the judgment" when he clearly declined to make a finding on the issue because he was of the opinion that such a finding was not necessary to sustain the judgment. See Cullen v. Margiotta, 811 F.2d 698, 731 (2nd Cir.), cert. den. 483 U.S. 1021, 107 S. Ct. 3266, 97 L. Ed. 2d 764 (1987) (Under the almost identically worded F.R.C.P. 49a, it would be inappropriate to deem the trial court to have made a finding as to an omitted issue when the trial court expressly disavowed making a finding.); Wood v. Old Sec. Life Ins. Co., 643 F.2d 1209, 1215 (5th Cir.1981) (Same).
However, a remedy is available to correct the omission without a new trial on the issue of whether Sykes suffered harm as the result of Midlantic's conduct. By virtue of R. 4:39-1, "If . . . the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issues so omitted unless before the jury retires he demands its submission to the jury." In the present case, of course, there was no such demand. Since, as we have said, there is sufficient evidence in the record to justify, but not to require, a finding of harm to Sykes from Midlantic's actions, we will remand the case to the trial judge for a finding on this issue. See Cullen v. Margiotta, supra, at 731; Wood v. Old Sec. Life Ins. Co., supra, at 1215-1216. If he finds that there was harm, the judgment for punitive damages will stand; if he finds that no harm resulted, the judgment for punitive damages should be vacated.
Sykes' Claims Against Dean Witter
The trial court ruled that the defense of " in pari delicto " barred Sykes' claims against Dean Witter based on common law fraud and violation of the Uniform Securities Law, N.J.S.A. 49:3-52 and following, but not his breach of contract claim. Dean Witter insists that the jury's finding that Sykes was " in pari delicto " with Murray defeats all of Sykes' causes of action
[241 NJSuper Page 73]
against it except for his negligence claim. For the following reasons, we hold that the in pari delicto doctrine is not a defense to any of Sykes' claims for compensatory damages against Dean Witter.
One of the special interrogatories submitted to the jury asked, "Was plaintiff John Sykes in pari delicto ?" The court instructed the jury as follows on the meaning of that interrogatory:
If you should find that as a direct result of his own actions, the plaintiff John Sykes bears at least substantially equal responsibility for the violation he seeks to redress and the preclusion of this suit would not interfere with the effective enforcement of the securities law and protection of the investing public, then you would answer this question yes. If not so persuaded, you would answer it no.
We assume that the jury followed the instruction as given. Consequently, its affirmative answer to the special interrogatory imported only that Sykes "bears at least substantially equal responsibility for the violation he seeks to redress," not that he conspired with Murray to defraud third parties or was equally culpable for some other reason.
The expression " in pari delicto " is a portion of the longer latin sentence, " In pari delicto potior est conditio defendentis," which means that where the wrong of both parties is equal, the position of the defendant is the stronger. Annotation, Purchaser's Right to Set Up Invalidity of Contract Because of Violation of State Securities Regulation as Affected by Doctrines of Estoppel or Pari Delicto, 84 A.L.R. 2d 479, 491 (1962). Black's Law Dictionary (5th Ed.1979) at 1004, defines " pari delicto " as follows:
In equal fault; in a similar offense or crime; equal in guilt or in legal fault. " Pari delicto " doctrine rests on [the] rule that courts will not enforce an invalid contract and that no party can recover in any action where it is necessary for him to prove an illegal contract in order to make out his case. [citation omitted]
That is the meaning with which the phrase has been used by New Jersey courts. For example, where a borrower knowingly conspired with a lender to violate the small loan law, the borrower was held in pari delicto with the lender and
[241 NJSuper Page 74]
therefore not entitled to be relieved from the consequences of his default on his loan. Ryan v. Motor Credit Co., Inc., 132 N.J. Eq. 398, 28 A.2d 181 (E. & A.1942). To the same affect see Cameron v. International Alliance Of Theatrical Stage Employees, Local 384, 118 N.J. Eq. 11, 20, 176 A. 692 (E. & A.1935); Marx v. Jaffe, 92 N.J. Super. 143, 146-147, 222 A.2d 519 (App.Div.1966). However, the victim of a fraud is not in pari delicto with his victimizer, not even if the victim was deceived into thinking that he was defrauding a third-party. Cf. Crossley v. Moore, 40 N.J.L. 27, 35 (Sup.Ct.1878).*fn2
In the present case, it would be a perversion of public policy to hold, as Dean Witter urges us to do, that Sykes' gullibility and cupidity relieved Murray or his employer from their obligation to repay the losses resulting from his fraud. Cf. Peter W. Kero, Inc. v. Terminal Const. Corp., 6 N.J. 361, 369-370, 78 A.2d 814 (1951) ("It is the policy of the law to protect the unwary and foolish as well as the vigilant from the wiles and artifices of evil-doers and negligence in trusting a representation will not, according to the greater weight of authority, excuse a positive willful fraud. . . ."); Pioneer Title Ins. Co. v. Lucas, 155 N.J. Super. 332, 342, 382 A.2d 933 (App.Div.1978), aff'd 78 N.J. 320, 394 A.2d 360 ("One who engages in the kind of conduct here involved may not urge that his victim should have been more circumspect or astute."); Schoharie County Coop. Dairies, Inc. v. Eisenstein, 22 N.J. Super. 503, 514, 92 A.2d 390 (App.Div.1952) ("It must be kept in mind that the law
[241 NJSuper Page 75]
leans toward protecting even the foolishly credulous against the machinations of those who would defraud.") Because there is no evidence to support the conclusion that Sykes conspired with Murray to defraud third parties or was equally culpable with him for some other reason, we hold that the jury's in pari delicto finding is not a bar to any of Sykes' claims for relief. To the same effect, see McAdam v. Dean Witter Reynolds, Inc., supra, 896 F.2d at 756-758.
However, we agree with the trial court that Sykes was not entitled to recover for a violation of the New Jersey Consumers Fraud Act, N.J.S.A. 56:8-2 and N.J.S.A. 56:8-19, because a fraud in the sale of shares of stock or other securities is not within the compass of that statute. In Neveroski v. Blair, 141 N.J. Super. 365, 377, 358 A.2d 473 (App.Div.1976), we traced the legislative history of the Consumers Fraud Act as follows:
When the Consumer Fraud Act was first adopted in 1960 "merchandise" was defined in § 1 as "any objects, wares, goods, commodities or services." L. 1960, c. 39, § 1(c). In 1967, a bill was introduced expanding the definition of "merchandise" to include "any objects, wares, goods, commodities, real estate, securities, services or anything offered directly or indirectly to the public for sale." Assembly Bill 715, introduced March 13, 1967. Prior to passage of this bill however it was amended by deleting the words "real estate, securities" and was finally adopted in that deleted form.
In a footnote to that opinion, we pointed out
that on January 19, 1976, § 2 of the Consumer Fraud Act was further amended to provide that the use of any of the prohibited tactics "in connection with the sale or advertisement of any merchandise or real estate" shall constitute an unlawful practice bringing into play the statutory penalties.
The statute has not been amended since that time to include "securities."
We agree with In re Catanella and E.F. Hutton and Co., Inc. Securities Litigation, 583 F. Supp. 1388, 1441-1444 (E.D. Pa.1984), that that legislative history demonstrates that the Consumer Fraud Act was not intended to create a cause of action for fraud in connection with the sale of securities. The claims upon which Sykes is entitled to recover compensatory damages from Dean Witter are therefore those based on negligence,
[241 NJSuper Page 76]
common law fraud,*fn3 breach of contract, and violation of N.J.S.A. 49:3-71, the civil liabilities section of the Uniform Securities Law.
The amount of the principal and interest to which Sykes is entitled from Dean Witter may be affected by the legal theory on which his recovery is based. As the trial court properly provided in the judgment which it entered, Sykes' recovery for negligence must be reduced to reflect the jury's finding that he was 30 percent negligent. His recovery for violation of N.J.S.A. 49:3-71 may be limited by the effect of its limitations provision. Prior to the effective date of the amendment of that section by L. 1985, c. 405, § 14, it read, "No person may sue under this section more than 2 years after the contract of sale."*fn4 Sykes' complaint was filed April 10, 1984. Accordingly, he would not be entitled to recover on the basis of that statute for transactions which occurred before April 10, 1982.
The trial court ruled that if Sykes elected to recover on a breach of contract theory, he would be entitled to interest at the rate which he would have earned on the tax-free money market fund in which he had money invested. Sykes claims that he was entitled to interest at a higher rate because his recovery in this law suit will be taxable as ordinary income. Although we will not attempt to decide the question whether Sykes' recovery will be taxable, we hold that the trial judge's allowance of interest on Sykes' recovery for breach of contract, and the rate applied, was within his discretion. The trial judge also ruled that Sykes was entitled to prejudgment interest on
[241 NJSuper Page 77]
his recovery based on Dean Witter's negligence at the rates provided by R. 4:42-11(b) for recoveries in tort actions. We agree with that ruling also. However, in view of our holding that Sykes' recovery on his fraud claim is not barred by the in pari delicto defense, those rulings are probably moot because Sykes will be entitled to prejudgment interest on his recovery for fraud at the rates fixed by R. 4:42-11(b), and his damages for fraud are not subject to reduction to reflect the jury's comparative negligence finding.
By motions for judgment notwithstanding the jury's verdict or, alternatively, for a new trial, Sykes argued that he was entitled to compensatory damages, not just for $167,000, the amount of the Dean Witter checks paid on forged endorsements, but, in addition, the $30,000 which he claims to have given Murray in cash, the $40,000 which Murray took from two pay checks given to him to deposit in Sykes' brokerage account, and the net amount of the other funds which Sykes transferred to Murray from his brokerage account by proper endorsements of the Dean Witter checks.
Sykes' negligence claim against Dean Witter was premised on the theory that Murray's activities were negligently supervised by his superiors. Sykes' claims for breach of contract, common law fraud, and violations of the Uniform Securities Law were all based on proof that Murray misappropriated funds which Sykes entrusted to him in reliance on his fraudulent misrepresentations that the funds were being invested in a Dean Witter New York Special Situations Fund. The validity of his claims against Dean Witter do not depend on whether Murray obtained control of Sykes' funds by forged endorsements.
If there is a rational basis for the limitation of Sykes' recovery against Dean Witter to the amount charged against his account for checks transferred on forged endorsements, that basis could only be the jury's doubt about the amount which Sykes claimed to have entrusted to Murray. The only
[241 NJSuper Page 78]
evidence for Sykes' claim to have given him $30,000 cash was Sykes testimony. He offered no receipts or other objective evidence. But there was objective evidence to corroborate his testimony about all or most of the balance of the funds entrusted to Murray in excess of the $167,000 transferred by forged endorsements. To corroborate Sykes' testimony that he transferred to Murray $40,000 taken out of Sykes' pay checks, Sykes showed two payroll account checks payable to himself from his employer, John Sykes Co., totaling $78,420.16. An employee of Midlantic National Bank/South identified these two checks on the basis of a bank employee's initials, and testified that Murray cashed the checks at Midlantic's Ventnor Heights office, receiving currency and a cashier's check in return. The retained carbon copy of a January 13, 1982 cashier's check for $38,420.16, payable to Sykes, and Sykes' January 1982 brokerage account statement showing a deposit of $38,420.16 were introduced into evidence. To corroborate his testimony about the other checks which he endorsed and gave to Murray, Sykes introduced the checks, some of which were identified as having been cashed by Murray at Midlantic's Ventnor Heights office, and his brokerage account statements showing that amounts corresponding to the checks were charged against his brokerage accounts with the explanation, "funds paid." Although Sykes was cross-examined vigorously and his credibility affected in some respects, no affirmative testimony was presented to dispute his claims.
Proof of Sykes' claim to having transferred the $30,000 cash depended entirely on his credibility and the jury was therefore entirely free to reject it. However, his claims based on the other transfers could rationally be rejected only if the jury doubted the testimony of the bank employees or believed that after cashing the various checks, Murray returned some or all of the proceeds to Sykes. But the credibility of the bank witnesses was not attacked and there was no evidence that Sykes received a rebate of some or all of the proceeds of his pay checks or of the checks charged to his account.
[241 NJSuper Page 79]
In his oral opinion denying Sykes' motions, the trial judge said:
Do I believe Mr. Sykes, at the importuning of Mr. Murray, brought in $30,000 in cash, thinking, in essence, he was dealing with a bank? I do. But the jury was equally free to disregard that.
With regard to the checks with the plaintiff's signature thereon, it is more problematic, but the jury was the one, I think, who was entitled to evaluate the proofs and reach the conclusions which they did.
In short, there does not appear clearly and convincingly a miscarriage of justice as opposed to a dispute with the result.*fn5
A motion for judgment notwithstanding the verdict of a jury must be denied
if, accepting as true all the evidence which supports the position of the party defending against the motion and according him the benefit of all inferences which can reasonably and legitimately be deduced therefrom, reasonable minds could differ. . . . The trial court is not concerned with the worth, nature or extent (beyond a scintilla) of the evidence, but only with its existence, viewed most favorably to the party opposing the motion.
Dolson v. Anastasia, 55 N.J. 2, 5-6, 258 A.2d 706 (1969). In Caliguire v. City of Union City, 104 N.J. Super. 210, 217, 249 A.2d 603 (App.Div.1967), aff'd 53 N.J. 182, 249 A.2d 577 (1969), quoting from Ferdinand v. Agricultural Ins. Co. of Watertown, N.Y., 22 N.J. 482, 126 A.2d 323 (1956), we described the following as the criteria for deciding a motion for judgment which depends on the credibility of a key witness:
Where men of reason and fairness may entertain differing views as to the truth of testimony, whether it be uncontradicted, uncontroverted or even undisputed, evidence of such a character is for the jury. [Citations omitted] But when the testimony of witnesses, interested in the event or otherwise, is clear and convincing, not incredible in the light of general knowledge and common experience, not extraordinary, not contradicted in any way by witnesses or circumstances, and so plain and complete that disbelief of the story could
[241 NJSuper Page 80]
not reasonably arise in the rational process of an ordinarily intelligent mind, then a question has been presented for the court to decide and not the jury.
To the same effect, see Johnson v. Salem Corp., 97 N.J. 78, 89, 92-93, 477 A.2d 1246 (1984). We cannot say, on the basis of those criteria, that the trial court erred by denying Sykes' motion for judgment notwithstanding the verdict.
However, a motion for a new trial "may be properly granted although the state of the evidence would not justify the direction of a verdict." Dolson, supra, 55 N.J. at 6, 258 A.2d 706. R. 4:49-1 directs that "The trial judge shall grant the motion [for a new trial] if, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a miscarriage of justice under the law." According to Dolson,
The standard governing an appellate tribunal's review of a trial court's action on a new trial motion is essentially the same as that controlling the trial judge. Hager v. Weber, 7 N.J. 201, 212 [81 A.2d 155] (1951) very correctly so held, at the same time putting to rest all constitutional questions and casting aside any more restrictive "abuse of discretion" test. We say the test is "essentially the same", because where certain aspects are important -- witness credibility, "demeanor", "feel of the case", or other criteria which are not transmitted by the written record --, the appellate court must give deference to the views of the trial judge thereon. His decision, however, is not entitled to any special deference where it rests upon a determination as to worth, plausibility, consistency or other tangible considerations apparent from the face of the record with respect to which he is no more peculiarly situated to decide than the appellate court. 55 N.J. at 7, 258 A.2d 706.
Our careful review of the record leads us to the conclusion that the jury's verdict limiting Sykes' compensatory damages against Dean Witter to $167,000 resulted from a "clear error or mistake by the jury" and constitutes a "manifest miscarriage of justice" which requires judicial action. Baxter v. Fairmont Food Co., 74 N.J. 588, 597-599, 379 A.2d 225 (1977); see Rivera v. Westinghouse Elevator Co., 209 N.J. Super. 543, 548-549, 508 A.2d 264 (App.Div.1986), aff'd 107 N.J. 256, 526 A.2d 705 (1987); Jenoff v. Gleason, 215 N.J. Super. 349, 359-360, 521 A.2d 1323 (App.Div.1987) The case must therefore be remanded for a new trial solely on the issue of the amount of
[241 NJSuper Page 81]
compensatory damages which Sykes is entitled to recover against Dean Witter.
The judgment of the trial court is affirmed insofar as it holds that Sykes has no cause for action against Morgan Guaranty Trust Company and that, in accordance with the jury's findings, he is not entitled to compensatory damages against Midlantic National Bank/South. The case is remanded to the trial court to find as a fact on the basis of the existing record whether the conduct of Midlantic contributed to causing him harm. If the court finds that it did, the judgment for punitive damages against Midlantic National Bank/South will stand; otherwise, that provision of the judgment should be vacated. Insofar as the judgment adjudicates Sykes' claim against Dean Witter Reynolds, Inc., it is reversed and remanded for a new trial in accordance with this opinion solely on the issue of the amount of Sykes' compensatory damages.
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November 23, 2007
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.CHRISTOPHER CLARKE, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Municipal Appeal No. 2006-025.
Argued November 8, 2007
Before Judges Parker and Lyons.
Defendant Christopher Clarke appeals from an order entered on July 31, 2006, finding him guilty of refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a,*fn1 after de novo review.
The facts giving rise to this appeal are as follows. On March 3, 2004, Montclair Police Officer Thomas Flynn (Flynn) observed two cars parked in a no parking zone near the South Park Bar & Grill. There was a conspicuous "No Parking" sign and a yellow curb indicating a no parking zone. One of the vehicles belonged to defendant.
As Flynn began to issue a summons for the parking violation, defendant appeared and told Flynn it was his vehicle. According to Flynn, defendant's breath smelled of alcohol, his eyes were "somewhat glassy," his speech was slurred, and he was swaying and staggering. Defendant's demeanor was "belligerent, upset and angry." Flynn thought that defendant was under the influence of alcohol and told him not to drive the car and to have someone else move it from the no parking zone. Defendant ignored the officer, got into the car, put the keys in the ignition, and began to move it in reverse. When Flynn reached into the vehicle for the keys, defendant struck him. Flynn then attempted to remove defendant from the vehicle and arrest him. Defendant continued to struggle until the officer got him out of the car and on the ground. During the struggle, defendant had been reaching toward the left side of the driver's seat, where Flynn found a knife over fifteen inches in length after he had removed defendant from the vehicle. A second knife was also found on the side of the driver's seat. Defendant was placed in the back of Flynn's patrol car. Flynn testified that he was "overwhelmed" by the strong odor of alcohol from defendant while they were in the patrol car. Flynn then transported defendant to police headquarters. Flynn testified that defendant was "swaying back and forth in the rear of the -- the car. . . .
[H]e was bobbing, weaving, even sobbing at one point." At police headquarters, Flynn read defendant the entire standard statement including the "Additional Statement" section regarding the breathalyzer test and the opportunity to have a blood test. Defendant refused the breathalyzer test, after which he complained of chest pains and shortness of breath. The first aid squad transported defendant to Mountainside Hospital. Flynn sent a standard blood collection evidence kit with a backup officer, who went to the hospital to guard defendant. At the hospital, defendant refused the blood test.
When defendant was returned to police headquarters from the hospital, approximately five hours after the initial stop, defendant said he wanted to take the breathalyzer test. The test was not given to him because of the lapse in time since the incident.
At trial, defendant produced two witnesses who claimed they had been in the bar before the incident. One testified defendant did not appear intoxicated but he did not know how many drinks defendant had that night. The other said that he saw defendant "sipping" his drink and that defendant "had one drink, maybe," before the incident.
Defendant also produced a private investigator who testified that he saw a videotape of the incident. The municipal court judge found, however, that the tape was very brief and "[i]t's a tough tape to make much out of." Defendant also testified on his own behalf, stating that he had not even finished one drink that night. He further claimed that he was never offered the opportunity to take the breathalyzer test before he was taken to the hospital and that he would have taken it if it had been offered to him. He claimed that he had previous altercations with Flynn and that Flynn offered him the breathalyzer test when he returned from the hospital and he did not refuse.
The municipal court found defendant guilty of refusal. After a de novo review, the Law Division found that "[o]n two occasions the defendant was asked to take a breathalyzer test. He was advised of the consequences of his failure to do so, nevertheless continued in his failure until some many hours later -- way too long to effect a cure, if there ever is one, of a refusal charge."
In this appeal, defendant argues:
THE SUBJECTIVE OPINION OF A POLICE OFFICER AND NOTHING MORE DOES NOT QUALIFY AS PROOF BEYOND A REASONABLE DOUBT IN A REFUSAL CASE. Defendant argues that proof beyond a reasonable doubt of defendant's refusal to take a breathalyzer test is required. We agree. That principle has been firmly established in Cummings, supra, 184 N.J. 84. However, we are satisfied, after reviewing the record and the opinion of Judge Thomas R. Vena of the Law Division, that the statutory elements, which the State must prove for prosecutions under N.J.S.A. 39:4-50.4a, were met beyond a reasonable doubt. See Cummings, supra, 184 N.J. at 96.
The scope of appellate review of municipal court convictions is exceedingly narrow. State v. Locurto, 157 N.J. 463, 470-71 (1999). On appeal from the Law Division's de novo review and disposition, the appellate division applies the substantial evidence rule to the Law Division's proceedings. Id. at 469-71. See State v. Johnson, 42 N.J. 146, 161-62 (1964); State v. Ebert, 377 N.J. Super. 1, 8 (App. Div. 2005); State v. Cerefice, 335 N.J. Super. 374, 383 (App. Div. 2000). The Supreme Court has stated that an appellate tribunal must review the record in the light of the contention [that the trial court erred in its determination of the facts], but not initially from the point of view of how it would decide the matter if it were the court of first instance. It should give deference to those findings of the trial judge which are substantially influenced by his opportunity to hear and see the witnesses and to have the "feel" of the case, which a reviewing court cannot enjoy.
The aim of the review at the outset is rather to determine whether the findings made could reasonably have been reached on sufficient credible evidence present in the record. This involves consideration of the proofs as a whole . . . . When the reviewing court is satisfied that the findings and result meet this criterion, its task is complete and it should not disturb the result, even though it has the feeling it might have reached a different conclusion were it the trial tribunal. [Johnson, supra, 42 N.J. at 161-62 (internal citations omitted).]
We are satisfied, following our thorough review of the record and Judge Vena's detailed and considered opinion, that there is sufficient credible evidence present in the record to sustain the conviction of defendant.
Defendant argues, however, that "the subjective opinion of a police officer and nothing more does not qualify as proof beyond a reasonable doubt in a refusal case." We disagree. The record clearly indicates that the police officer had an objectively reasonable basis to believe that defendant was operating a motor vehicle under the influence of alcohol. See State v. Pavao, 239 N.J. Super. 206, 209-10 (App. Div. 1990). The officer testified that defendant's speech was slurred; that he was swaying and staggering; that there was a strong odor of alcohol from defendant; and that his demeanor was "belligerent, upset, and angry." The finding of the Law Division that the elements of refusal were met may be supported by the testimony of the police officer standing alone. The New Jersey Supreme Court has found that "[t]he reasonable doubt standard also may be satisfied by uncorroborated testimonial evidence." In re Samay, 166 N.J. 25, 31 (2001). Accordingly, for the reasons set forth in Judge Vena's thorough and detailed opinion, we affirm defendant's conviction. Any stay of defendant's sentence is hereby vacated.
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Easter Eggs: Easter Egg Designs, Tips for Perfect Hard Boiled Eggs, Egg Recipes
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This report presents the results of a study analysing whether Directive 91/533/EC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship, is still fit for purpose and whether associated costs and burdens are minimised. This exercise was carried out in the context of the European Commission's Regulatory Fitness and Performance programme (REFIT) which aims to make EU law lighter, simpler and less costly.
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This policy brief on strategies and policies to scale the social impact of social enterprises was produced within a multiannual cooperation between the LEED programme of the OECD and the Directorate General Employment, Social Affairs and Inclusion of the European Commission. It begins by explaining what a social enterprise is and what scaling means in the context of social enterprises. It then compares the scaling patterns of social enterprises and conventional enterprises, looking at social impact vs. profit maximisation, the types of goods and services involved, and stakeholder relations. It goes on to examine specific strategies for scaling impact and also highlights the challenges and policy responses connected with this.
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Addressing long-term unemployment is one of the objectives of the European Network of Public Employment Services (PES), as defined in Art 2 of the Decision on enhanced cooperation between PES. In its work programme for 2015, the Network included activities addressing the role of PES in the area of long term unemployment including (at the request of the European Commission, EC), a working group on the integration of the long term unemployed.
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This compendium contains 20 case studies of public programmes in European countries that are successfully supporting business creation by people from disadvantaged and under-represented groups in entrepreneurship. The populations targeted by these programmes include youth, women, seniors, the unemployed, immigrants, ethnic minorities and people with disabilities. Each programme description details the programme's activities and approach, assesses the challenges faced in development and implementation, and offers tips for successful transfer to other contexts.
This publication is only available in electronic format in English. German and French versions will follow.
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This toolkit is intended to assist public employment services (PES) in designing and implementing their approach to measuring customer satisfaction. It provides concrete guidance and tools to develop customer satisfaction measurement systems from scratch or to review and refine existing systems.
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This analytical paper aims to raise awareness of the wider concepts and developments relating to customer satisfaction and customer satisfaction measurement in publics sector organisations, particularly public employment services.
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This paper studies eight countries in which the regulation of unemployment benefits and related benefits and the concomitant activation of unemployed individuals has a multi-tiered architecture. It assesses their experiences and tries to understand possible problems of 'institutional moral hazard' that may emerge in the context of a hypothetical European Unemployment Benefit Scheme.
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Mnoho mladých Evropanů nemá práci a potřebovali by pomoc s nastartovánímkariéry. Tuto pomoc jim nabízí Drop'pin.Drop'pin je portál nových příležitostí pro mladé lidi z celé Evropy. Jehocílem je zlepšit jejich pracovní vyhlídky, rozvinout jejich dovednostia pomoci jim překlenout náročné období mezi dokončením školya prvním zaměstnáním. Sdružuje soukromé a veřejné organizace,které chtějí přispět ke snížení nezaměstnanosti mladých.Drop'pin funguje na dvou úrovních: mladým lidem nabízí příležitostipro odborné přípravy a praxe a organizacím zprostředkovává kontaktyna ostatní zainteresované organizace. Cíl je v obou případechstejný: uvést do praxe nejrůznější nápady a zmobilizovat všechnyzdroje nutné k tomu, aby se zlepšily vyhlídky mládeže na uplatněnína trhu práce.
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Designed for practitioners such as social enterprises, investors, social finance intermediaries, market builders and social enterprise support organisations, this publication will guide you step by step through the process of designing and implementing initiatives to develop social finance instruments and markets. You will discover that there is no tried-and-tested formula or recipe and that there are challenges at whatever level you operate. This practical guide provides good examples and practices that you can learn from and adapt to help you avoid possible pitfalls. Checklists and key questions at the end of each chapter will help you summarise what you have learned and move to the next step.
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Check in from 2:00 PM / Check out prior to 11:00 AM
Hotel Mediterraneo Porto Cesareo: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Porto Cesareo, Italy.
Hotel Mediterraneo Porto Cesareo is located in Porto Cesareo and offers free Wi-Fi. It is ideally positioned for guests wishing to visit the area's popular attractions.
Hotel description
Those staying at Hotel Mediterraneo have access to its wide range of outdoor activities, including horse riding, fishing and scuba diving. Guests have access to express check-in/check-out, 24-hour reception and a meeting room.
Hotel Mediterraneo Porto Cesareo features 14 rooms, all of which are filled with a variety of amenities to ensure an enjoyable stay. There are also a number of rooms especially designed for families.
Guests are able to relax with a beverage at Hotel Mediterraneo's bar and dine on regional style food in the restaurant. A range of breakfast options are available in the hotel's dining room.
Casale Airport is a 70-minute drive from Hotel Mediterraneo Porto Cesareo. Nardo and Santa Maria al Bagno are situated a short drive away.
Hotel features
Room Service, Restaurant, Bar / Lounge, Air Conditioned, Coffee Shop/Cafeteria
Concierge, 24 Hour Reception, Dry Cleaning, Babysitting / Child Services, Conference Room(s), Multilingual Staff, Meeting Rooms, Laundry service, Bicycle Rental, Designated Smoking Area, Express Check-In/Check-Out, Self Laundry
Garden, Scuba Diving, Water Activities, Fishing
High-speed Internet, Internet Connection (wireless)
Airport shuttle
Horse Riding, Hiking
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
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Via Riccione, 61, Porto Cesareo
Via Riccione, 61, Porto Cesareo
Search hotels
based on
115 reviews
Nearest hotels
- B&B Lastrea
0.1 miles
- Sule Mare Ientu
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0.2 miles


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PHPPoll - Easy Poll Creator
Create stunning, 100% customized polls with text/images, in minutes. Fully Customize and format your polls, Redirect voters, Brand your poll, Create text polls, image polls or text and image polls. Create 3 Types of Polls: Single answer radio buttons, multiple answer check boxes and drop-down menus. Fully Customize and format your polls: Colors, fonts, sizes, borders, paragraphs; everything! Select any of the built-in themes. Use as is, or modify to your liking. Visit PHPPoll.net for a full feature list.Visit publisher site: PHPPoll - Easy Poll Creator
Listing Details
- Version:
- 1.0
- Filed in:
Scripts / PHP / Scripts & Programs / Polls & Voting
- Submitted on:
- Last Updated:
- Feb 11, 2009
- Publisher:
- PHPPoll.net Other listings by this publisher
License & Pricing Information
- License Type:
- Commercial
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User ReviewsAdd/Edit Your Review
Displaying 1-4 out of 4 reviews
Had a question about installation and got response promptly. There is documentation about ioncube in the package but the script is not encrypted and does not need ioncube. I'm guessing at one point the developer decided to use ioncube but then decided not to.
Had some questions about installation. Got response promptly.
I wish i have read your review before i clicked the visit button. this software(Easy Poll Creator from phppoll.net)has been encoded with the ionCube PHP Encoder and requires the ionCube PHP Loader to be installed on your server kernel. If your host do not have this service you cant even use this script. All the files is encoder nothing is editable. You have been warned.
This script looks great from the outside, but once you get it you have an IonCube encoded script with no templates, and a support email address that bounces. NONE of the files can be edited as they are all encoded. There are NO templates that can be edited (except the admin control panel, but who cares), so you are locked into a blue on white theme with huge 15px padding around each image poll choice. Forget contacting the author, the email address does not exist. Stay away! :-(
I dunno what to say other than What script did you purchase???? There is no ion cube encoding, the script is 100% source code. There is quite a few built in templates to choose from, or you have the option to make your own fully custom template... You can customize the admin, the poll's themselves, everything. The support email is fully working, and I always respond within 48 hours. I'm truly sorry you had this experience, but these are false, and it is concerning having this review up....


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Digital 2000 AD Prog 1949
Digital Version
CBZ & PDF formats
Product Details:
Step into the Court of the Carrion King23rd September 2015
Dredd: Ghost Town [2]
Mega-City One, 2130 AD. This vast urban nightmare on the east coast of post-apocalyptic North America is home to 400 million citizens, every one a potential criminal. With lawlessness rife, only the Judges can prevent total anarchy. These future lawmen are judge, jury and executioner. Toughest of them all is Judge Dredd - he is the Law!
Tharg's Future Shocks: Re-Incarn-8 [1]
Out in the vast reaches of the universe, there are an infinite number of stories waiting to be told. From chronicles of the lowliest swamp denizens in backwater galaxies to the rise and fall of rulers of entire star systems, anything is possible in these twisted tales. Abandon your preconceptions, expect the unexpected and take a trip beyond the edges of the imagination…
The Alienist: The Haunting of Hex House [6]
England, 1908. Madelyn Vespertine, an Edwardian woman of indeterminate age and origin, turns up — often unbidden — to deal with strange events of an apparently occult nature. The era is awash with all manner of interest in spiritual matters — seances, hauntings, faerie sightings and more — and Madelyn has the means and technology to investigate them. However, there's more to her than meets the eye...
Dark Judges: Dreams of Deadworld [4]
Deadworld, a planet similar to Earth in another dimension. Once, this world was thriving — but then a psychopathic dentist's son called Sidney was transformed into the creature known as Judge Death, and he determined that life itself was a crime. Creating lieutenants to aid him in his task, they set about massacring an entire planet, purging it of all life. Now, they stand on the bones of a global graveyard...


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News Press
About Us
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Art Collection
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Hydroemission > Product Lines
Emerging Enterprises
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The Original Ending For 'The Silence Of The Lambs' Was Even Darker Than 'I'm Having An Old Friend For Dinner'
The original ending for Silence of the Lambs could have been even more horrifying...Karly Rayner
why hoRRor?
When you are a horror fan there is a lot of annoying things that you hear people say;"I don't ...RachaelRumancek
Is This How Eli Roth's 'Clown' Should Have Ended?
How 'Clown ' should have endedTom Chapman
Samara From The Ring Franchise is Back... But Why the VHS?
You remember that one scene in the movie The Ring where the distorted girl is curled up in a corner ...Rand Benjamin Einfeldt
Let's begin by saying,that this is my personal picks for this list,and if anyone disagrees ,well ...Daniel_N
The Walking Dead meets Benny Hill in this HILARIOUS matchup!
Following last night's episode of "The Walking Dead", keen viewers may have seen a scene that looked...Cj Creech


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Contact Us
If you happen to take a trip to the Porter Auditorium this coming weekend and you see a familiar local football coach donning a wig ...
When Alcovy coach Justin Hunter looks back on his team's 42-34 loss to Salem on Tuesday night, he may be tempted to ask the ...
The Alcovy Tigers football team saw more proof of progress when first year head coach Chris Edgar took a peak at the All-Region 3-AAAAAA team ...
Gabriel Stovall
Chris Edgar figured he might as well take a shot.
The Alcovy Tigers dropped their third straight contest Saturday, losing 37-6 to Lakeside-Evans in a penalty-filled Region 3-AAAAAA battle at Homer Sharp Stadium.
The Alcovy High School football team suffered its second straight loss in a 52-0 defeat at the hands of the Evans Knights at home.
Page 1 of 1
Madison Beazley and Autumn Evans signed full scholarships to play softball and attend Andrew College on Friday. The two had an enormous amount of support, as they continue their journey to college.
Alcovy's Lady Tigers are 2-3 on the season. One of those wins came against a now 5-1 Marietta team the Lady Tigers beat Novermber 21, 58-53, that advanced to the second round of state last year. Lady Tigers' coach David Baker speaks about the win and his team in this Q&A.
Romario Johnson, Kiara Bagby and Carlos Huggins and Arthur Holmes have been named the Newton, Alcovy and Eastside athletes of the week respectively.
Nuka Yobo, Quintrell Mathis and Ayanna Wimbush have been named Newton's, Eastside's and Alcovy's athletes of the week respectively.
This article was written before the Lady Tigers season opener against Salem. Check covnews.com for updates.
Aubree Thacker, now a former Alcovy softball second baseman, signed her letter of intent to play softball at Emmanuel College on Wednesday afternoon at Alcovy in front of an overwhelming number of friends and family who came out to support her.
Alcovy had its first winless season since 2007 this year, according to maxpreps.com. After their 27-0 loss to Lovejoy we spoke to Tigers' head coach Kirk Hoffman. He breaks down the season and some of his players in this exclusive question and answer.
A defensive effort that just wasn't enough led Alcovy to a 27-0 loss to Lovejoy, making Alcovy 0-10 to finish the season and giving the Tigers their first winless season since 2007.
Steven Montac and D'Anthony Bell have been named Newton's and Alcovy's athletes of the week respectively. Eastside played on Saturday (past deadline) and the Eagles' Athlete of the Week will be named at CovNews.com on Monday.
Carlos Huggins and Emma Waddell have been named Eastside's and Alcovy's athletes of the week respectively. Newton played on Saturday (past deadline) and the Rams' Athlete of the Week will be named at CovNews.com on Monday.
Over the last three years, Alcovy softball has accumulated 63 wins – which include back-to-back-to-back trips to the playoffs – and become a staple in region 2-AAAAAA establishing a model of consistency for the program.
As he walked into Jim Stalvey's on a Friday afternoon, you could see a look of ease on Kirk Hoffman's face. His team, Alcovy – still seeking its first win of the season – is on a bye week and Hoffman doesn't have to play a game that Friday night.
On a cold Wednesday evening Florida State commit Abby Evans, blanked the Lady Tigers twice lifting Hilgrove to 1-0 and 6-0 wins respectively, ending Alcovy's playoff run in the second round.
Tyra Holingsworth and Ciara Bryan (again) have been selected as the athletes of the week for their respective schools Alcovy and Newton. These two players stood out amongst their peers. Eastside played away on Friday and the Eagles' Athlete of the Week will be named at CovNews.com on Monday.
Wednesday, Alcovy will play its second round playoff game against Hillgrove. The Tigers have the perfect blend of experience and skill, highlighted by their strong senior class, juniors Kalia Johnson and Raven Smith, plus freshman catcher Emma Waddell.
Page 7 of 28


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Phone:(802) 362-2200
Type: Indie Bookstore
Northshire Bookstore is a family-owned, independent bookstore located in Manchester Center, Vermont. Northshire was the first bookseller in the U.S. with an Espresso Book Machine (which offers Print on Demand books), and the store hosts regular author events, reading groups, and a public issues forum.
4869 Main StreetManchester Center, VT 05255
More Literary Places Nearby:
Snapdragon Inn [5]
26 Main StreetWindsor, VT 05089
207 Bryant RoadCummington , MA 01026
780 Holmes RoadPittsfield , MA 01201


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Hotels near Kaiser Permanente Medical Center
Search Kaiser Permanente Medical Center Hotels
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These prices aren't available to everyone.
Trending now in San Francisco
Hotels within 0.5 miles of Kaiser Permanente Medical Center
- Most bookedLaurel Inn, a Joie de Vivre Boutique Hotel
124 people looked at this hotel in the last hour
Most recent review
"This is my go-to hotel when visiting San Francisco. Great location, pet friendly, friendly staff, and sort of feels like how hotels were years ago - small, personal, non-standardized and not all that commercial. Just friendly and comfortable. The hotel is currently renovating, so this visit ..."
S, Nov 2016, US
41 people looked at this hotel in the last hour
Most recent review
"The breakfast was so delicious and the service was excellent. The room was extraordinarily quiet and the neighborhood is very beautiful and safe and minutes from the Presidio."
A Traveller, Nov 2016, US
Hotels within 1 mile of Kaiser Permanente Medical Center
144 people looked at this hotel in the last hour
Most recent review
"This is our 3rd stay at the Kimpton Buchanan and we enjoy coming there. The staff is helpful. The lobby decor seems to change over time, but is always interesting. They have wine in the lobby 5 - 6 each day, which is a very congenial time. The room furnishings are not conventional hotel. It..."
N, Dec 2016, US
141 people looked at this hotel in the last hour
Most recent review
"Great hotel in Japantown. Staff was super friendly, and nice. It was really easy to move around the city from the location, also, Japantown has a lot of really good Japanese restaurants. "
B, Nov 2016, US
122 people looked at this hotel in the last hour
Most recent review
"We spent three nights in this hotel and enjoyed the experience. The internal decor is very different from the modern chain hotels and is charming. The bar and dining area are well presented and in a style similar to the remainder of the hotel. The prices are reasonable given its location. It is ..."
W, Nov 2016, GB
82 people looked at this hotel in the last hour
Most recent review
"Room was fine, basic and clean. Shared showers needed some maintenance."
A Traveller, Nov 2016, AU
66 people looked at this hotel in the last hour
Most recent review
"The hotel itself is pretty amazing and charming. The rooms were very nice with everything we needed. We stayed in the one bedroom suite. The only negative was prob the pull out bed was not very comfortable but we needed a separate room for my husband and son while I needed to go night feeding for..."
G, Nov 2016, US
42 people looked at this hotel in the last hour
Most recent review
"Interesting B&B. Great service, safe, clean, great breakfast, gorgeous building, great neighborhood. Room was plain but comfortable. Bathroom very small but fine."
A Traveller, Nov 2016, US
29 people looked at this hotel in the last hour
Most recent review
"This is probably the nicest hotel that I've ever stayed in. It might be one of the nicest hotels in the US. It is elegant, the rooms are suites and are beautifully decorated. There is fruit waiting in the room when you arrive. The staff are extremely kind and courteous. The breakfast is outs..."
E, Nov 2016, US
22 people looked at this hotel in the last hour
Most recent review
"Quiet, upscale area, near to bus, laundry and deli-beer store. Breakfast (fruit, yoghurt, tea, coffee, croissants, orange juice) , Tea(tea, biscuits, ) gracious staff (Evelyn :) etc, It is walk-up, by the way. Pipes are being installed outside, at a snail's pace. Bed quite comfortable. TV very ..."
L, Aug 2016, US
View hotels near to Kaiser Permanente Medical Center on a map
- Downtown San Francisco
- Moscone Convention Center
- Pier 39
- Fishermans Wharf Cable Car Turnaround
- Golden Gate Bridge
- Bill Graham Civic Auditorium
- AT&T Park
- Embarcadero
- Mission District
- Lombard Street
- Golden Gate Park
- Alcatraz Island
- San Francisco City Hall
- Ocean Beach
- Fillmore Auditorium
- San Francisco State University
- Cow Palace
- University of San Francisco
- Presidio of San Francisco
- Warfield Theater
Best Cheap Kaiser Permanente Medical Center, San Francisco Hotels
5 of our most popular choices are:
1. Mill Rose Inn
2. Sumner House SF
3. Amazing Home in San Francisco Bay
4. Hotel Griffon
5. Hotel Drisco
And to help you make up your mind, you can read some of our reviews for Kaiser Permanente Medical Center hotels.
Staying near Kaiser Permanente Medical Center
Our map based hotel search function can be accessed from the map image above (or via standard search results) clearly showing the location of each hotel around Kaiser Permanente Medical Center. You can also refine your search within San Francisco based upon other nearby landmarks and neighbourhoods as well as transport options to help you get around.
If you're driving, be sure to also check for hotels that offer onsite parking.
To get the best hotel deals near Kaiser Permanente Medical Center you can also filter by price/ average nightly rate, and if you know what quality you are looking for, you can also filter by star rating and our own guest review rating, with reviews written by other guests from Ireland and around the world.
If you're visiting Kaiser Permanente Medical Center with the family or in a large group, be sure to check out the room options and facilities we list for each hotel to ensure we help find you the perfect hotel. Right now, our most popular hotel in San Francisco is Mill Rose Inn.
Deals on hotels near Kaiser Permanente Medical Center
Hotels.com makes it easy to save money on every booking. We offer our Price Guarantee on most bookings. Plus we offer 2 more ways to save:
1. Hotels.com Rewards - Collect 10 nights, get 1 free,*
2. Hotels.com Discounts - Search over 10,000 deals!
Things To Do Near Kaiser Permanente Medical Center - San Francisco Travel Guides
48 hours in San Francisco - fit the Bridge, the Bay and the burritos into one weekend
While the Bay Area region includes an enormous area of land and several cities, San Francisco itself...
Gay San Francisco Travel Guide
San Francisco's historic Castro neighbourhood was hotbed to much of America's gay rights movement in...
An Alcatraz travel guide – the picturesque island with a dark past
Whether you're an amateur sleuth or a wildlife watcher, everyone will get a kick out of an Alcatraz ...
Read about more things to do near Kaiser Permanente Medical Center


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Video: a 1 minute guide to Thailand
Consistently voted as one of the best places to travel by our readers – most recently as one of the world's friendliest countries and one of the best place…05 Dec 2016 • Rough Guides Editors videocam Video
One reason to make a special trip to Loei province is to attend the unique rainmaking festival of Phi Ta Kon, or Bun Phra Wet, held over three days either at the end of June or the beginning of July in the small town of Dan Sai, 80km to the southwest of the provincial capital. In order to encourage the heavens to open, townsfolk dress up as spirits in colourful patchwork rags and fierce, brightly painted masks (made from coconut palm fronds and the baskets used for steaming sticky rice), then rowdily parade the town's most sacred Buddha image round the streets while making fun of as many onlookers as they can, waving wooden phalluses about and generally having themselves a whale of a time. Top folk and country musicians from around Isaan are attracted to perform in the evenings during Phi Ta Kon; the afternoon of the second day of the festival sees the firing off of dozens of bamboo rockets, while the third day is a much more solemn affair, with Buddhist sermons and a purification ceremony at Wat Phon Chai. The carnival can be visited in a day from Loei (ask at Loei's TAT office for transport details), though rooms are hard to come by at this time. The town's main permanent attraction is the Dan Sai Folk Museum on Thanon Kaew Asa, the town's high street, which explains some of the traditions surrounding Phi Ta Kon and has an impressive collection of vivid costumes and masks.
Travel offers; book through Rough Guides
The latest articles, galleries, quizzes and videos.
Consistently voted as one of the best places to travel by our readers – most recently as one of the world's friendliest countries and one of the best place…05 Dec 2016 • Rough Guides Editors videocam Video
Elephants are born free, but are everywhere in chains – and it's tourism which is increasingly to blame. Riding an elephant used to be on every visitor's …25 Nov 2016 • Gavin Thomas insert_drive_file Article
Backpacking Thailand can mean staying in fun-packed hostels and idyllic beach bungalows, eating noodles so tasty and so cheap you'll swear off all other food …11 Apr 2016 • Helen Ochyra insert_drive_file Article