Thabo v. Z Transportation, ___ N.J. Super. ___ (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this breach of contract case, where the Law Division granted dismissal with prejudice, the panel criticized cou

Greenbriar Oceanaire Community Ass’n, Inc. v. U.S. Home Corp., ___ N.J. Super. ___ (App. Div. 2017).  [Disclosure:  I represent U.S. Home, though not in this case].  In today’s decision in this appeal, which involved a dispute over which claims asserted by a homeowners association against the developer of the properties, Judge Fisher, writing for the panel, remanded the case with a direction to the parties and the Law Divisio

Yesterday and today, the Supreme Court did what it does not often do: affirm a decision of the Appellate Division substantially for the reasons expressed by the Appellate Division, rather than writing its own fully-expressed opinion.

Yesterday’s ruling, in Granata v. Broderick, ___ N.J. ___ (2017), affirmed a decision by Judge Guadagno that was reported at 446 N.J. Super. 449 (App. Div. 2016).  As the Supreme Court summarized it, the Appellate Division ruled that “an att