Vision Mortgage Corp. v. Patricia J. Chiapperini, Inc.

D’ANNUNZIO, J.A.D.,

(dissenting).

I would affirm the judgment for defendant on the ground that under the entire controversy doctrine plaintiff should have combined the claim based on the Nazario appraisal in its action on the Willis appraisal. I have nothing to add to the majority’s lucid and concise statement of uncontroverted material facts.

The entire controversy doctrine is codified in R. 4:30A. This rule “advances the purpose of R. 4:5-1.” Olds v. Donnelly, 150 N.J. 424, 434, 696 A.2d 633 (1997). R. 4:5-1(b)(2) requires a party’s first pleading to contain “a certification as to whether the…