R H Lytle Co. v Swing-Rite Door Co, Inc., 287 N.J. Super. 510; 671 A.2d 602 (App. Div. 1996)
Jan 30, 1996OUTCOME: Successful: Appellate Division reversed the trial court's order of dismissal and remanded the case to the Special Civil Part for trial.
Wrote appellate amicus brief on behalf of the New Jersey State Bar Association. Trial court denied plaintiff's request to adjourn a "short calendared" case even though discovery was timely served a ... nd the discovery period had not yet expired. Plaintiff appealed from the dismissal of its complaint for failure to appear on the date set for trial. The Appellate Division held "the Special Civil Part mistakenly exercised its discretion by denying plaintiff's request for an adjournment to complete discovery within the 100 day period allowed by our rules." The order of dismissal was reversed and case was remanded to the Special Civil Part for trial.
