07-2-4522 Tynes v. St. Peter’s University Medical Center , App. Div. (Yannotti, J.A.D.) (25 pp.) The trial court erred by requiring plaintiff to show “exceptional circumstances” for a discovery extension because the court had not scheduled the matter for arbitration or trial; however, the court’s order denying the discovery extension and dismissing plaintiffs’ complaint with prejudice is affirmed because plaintiffs failed to show “good cause” to extend the time for discovery, as required by Rule 4:24-1(c). [Decided July 14, 2009.] [Digested at page 46.]
CIVIL PROCEDURE — INSURANCE — SUMMARY JUDGMENT
07-2-4487 Allstate Insurance Co. v. Fisher , App. Div. (Carchman, P.J.A.D.) (21 pp.) The failure of the motion judge to comply with Rule 1:7-4 requires that the uncontested summary judgment entered in plaintiffs’ favor be reversed and remanded; however, defendant’s dilatory conduct warrants that the vacating of the judgment be conditioned on the payment of reasonable attorneys’ fees and costs. [Decided July 10, 2009.] [Digested at page 42.]
