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SANTOS v. ESTATE OF SANTOS

217 N.J. Super. 411 (1986)

526 A.2d 223

THEODORE EDWARD SANTOS, III, AS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF MARIE SANTOS, PLAINTIFF-APPELLANT, v. THE ESTATE OF THEODORE EDWARD SANTOS, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Lawrence S. Grossman argued the cause for appellant.

Michael D. Kirby argued the cause for respondent (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Michael D. Kirby, on the brief).

Before Judges MORTON I. GREENBERG, R.S. COHEN and GRUCCIO.

The opinion of the court was delivered by: GRUCCIO, J.A.D.

Plaintiff appeals from an order dismissing his complaint which was entered when his attorney refused to proceed to trial after the court limited his presentation to discovery depositions since his only live witness, who was attending college in California, was unable to be present in court that day. Plaintiff contends that the trial court committed an abuse of discretion by dismissing the case. We agree and...

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