RIZMAN, RAPPAPORT, DILLON & ROSE v. GOURVITZ


728 A.2d 229 (1998)

321 N.J. Super. 1

RIZMAN, RAPPAPORT, DILLON & ROSE, Plaintiff-Appellant, v. Elliot H. GOURVITZ, Defendant-Respondent, v. Ilene Palent, Sydell Koplin, and Margaret Dee Hellring, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1998.


Attorney(s) appearing for the Case

Robert E. Bartkus, Morristown, attorney for plaintiff-appellant.

Elliot H. Gourvitz, Springfield, defendant-respondent pro se.

Before Judges KESTIN and WEFING.


The opinion of the court was delivered by

KESTIN, J.A.D.

Plaintiff appeals from the trial court's sua sponte order dismissing the complaint, entered after plaintiff's motion for summary judgment was denied. Plaintiff also appeals from an earlier order granting defendant's motion to vacate a default. We affirm the order vacating the default as an appropriate exercise of discretion. We reverse the order of dismissal, however.

Plaintiff is a court...

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