'Persistent Failure to Provide Responsive Answers' in Discovery Results in Dismissal of Counterclaims
"Having reviewed the record, we discern no abuse of discretion in the trial court's determination as it relates to the counterclaims," the opinion said. "In short, ARF simply did not provide Seaside with any information that would support the counterclaims. Moreover, Seaside was prejudiced by those non-responses because without that information it could not prepare a defense or even move for summary judgment."
December 18, 2023 at 06:39 PM
5 minute read
A case concerning discovery disputes has landed before the New Jersey Appellate Division for the second time for what the court cited as "persistent non-compliance with discovery requests" by the defendants/third-party plaintiffs to provide responsive answers and documents to support its counterclaims.
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