Leanne Grupposo

The Plaintiffs sought an order confirming personal service or permitting substituted service of their Rule 30.10 Motion Record for Production of Information on Patrick Sheridan, a non-party.

The evidence suggested Mr. Sheridan, a former executive of the corporate Defendant, was evading service.

The Defendants took no position on the relief sought.

The court validated the service effected on Mr. Sheridan at his place of business under Rule 16.02(1)(e) and Rule 16.08, finding that the material had come to his notice.

The court ordered Mr. Sheridan to pay $2,000 in costs to the Plaintiffs due to his evasion of service.

The case involved a dispute between brothers Domenic, Salvatore, and Bruno Rosso, and their wives, concerning minutes of settlement.

Bruno moved to enforce the minutes, alleging Domenic breached them.

Domenic cross-moved to set aside the minutes, claiming duress, fraudulent misrepresentation, or improvidence, and also arguing they were null and void under a specific contractual clause.

The court found that Domenic and Carmelina (Domenic's wife and a "Settling Party") validly exercised their contractual right under the minutes of settlement to declare them null and void due to an uncured default.

The court dismissed Bruno's motion to enforce and granted Domenic's cross-motion to set aside the minutes of settlement on this contractual basis, rejecting Domenic's other claims of duress, misrepresentation, and improvidence due to lack of credible evidence.