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AUJERO v. CIRELLI

110 N.J. 566 (1988)

542 A.2d 465

DENNIS AUJERO, PLAINTIFF-RESPONDENT, v. JOHN CIRELLI, JR., D/B/A LUIGI'S RESTAURANT AND PIZZERIA, AND LEONARDO'S RESTAURANT, INC., D/B/A/ LUIGI'S RESTAURANT, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS, v. HOBART CORPORATION, THIRD-PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided June 23, 1988.

Attorney(s) appearing for the Case

Marc L. Dembling argued the cause for appellants (Berlin, Kaplan, Dembling & Burke, attorneys).

George J. Duffy argued the cause for respondent (Baker, Garber, Duffy & Pedersen, attorneys; John M. Walsh, of counsel).

PER CURIAM.

In this action seeking recovery of damages for personal injuries the trial court dismissed the complaint, pursuant to Rule 4:23-5(a), for plaintiff's failure to answer defendants' interrogatories. Eleven months thereafter plaintiff brought a motion to vacate the order of dismissal. The trial court denied the application. In an unreported opinion the Appellate Division reversed, because "both excusable neglect by plaintiff's attorney and lack of...

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