Zoom Snub Backfires: Tenant Gets Second Shot In $3.4K Bergen County Security Deposit Lawsuit
According to an appellate ruling released Wednesday, July 23, a Bergen County court wrongfully dismissed a New Jersey woman’s case against her former landlord for failing to appear in person, and she is now receiving a new trial over a $3,450 security deposit.
The County Justice Center in Bergen
According to the court, the judge ought to have at least thought about allowing her to present via Zoom.
In 2021, Vanessa Brotherns, who is currently residing in California, sued Magdi Mosaid, alleging that he had neglected to reimburse her deposit and interest following her move out.
The case was first marked as settled before trial in November 2021, according to court filings. Brotherns, however, filed a move in 2023 to enforce what she said was a verbal agreement: Mosaid would reimburse her the deposit and pay her $800 in legal fees. Her lawyer stated that if he didn’t, he would be required by New Jersey law to repay twice the deposit.
Following a hearing on September 29, 2023, the court decided in Mosaid’s favor, denying that an agreement ever existed.
The date of the trial was set on October 31, 2023. Both parties were cautioned by the judge not to ask for delays or remote appearances. Nevertheless, pointing to her travel from California and a scheduled trip to New Jersey in mid-November, Brothern’s lawyer asked for a two-week adjournment or authorization for her to appear remotely.
Both requests were turned down by the judge. Brotherns’ failure to appear resulted in the lawsuit being dismissed with prejudice, which prevented it from being refiled.
However, that ruling was overturned by the Appellate Division. The judges claimed that by failing to take into account the request for a virtual appearance, the trial court had abused its authority, particularly in light of a 2022 New Jersey Supreme Court judgment that permits distant participation at the judge’s discretion.
The appeals court stated that even Mosaid’s lawyer had consented to a delay, adding that there was no evidence in the record that the plaintiff’s request was malicious or intentional.
Now, the matter will return to Bergen County for a trial.
