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KLINSKY v. HANSON VanWINKLE MUNNING CO.

43 N.J. Super. 166 (1956)

128 A.2d 4

ESTELLE KLINSKY (NOW ESTELLE KLINSKY MASON) AND RAYMOND MASON, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. HANSON VanWINKLE MUNNING CO., INC., HANSON VanWINKLE MUNNING ATHLETIC ASSOCIATION, INC., SWEEPSTAKES REALTY CO., INC., JOSEPH CALLAHAN, PRESIDENT, ANTHONY SEBER AND LESLIE BATCHELOR, DEFENDANTS, AND PINES OF RARITAN TOWNSHIP, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1956.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for appellant (Messrs. Durand, Ivins & Carton, attorneys).

Mr. William J. O'Hagan argued the cause for respondents (Mr. Norman J. Currie, attorney).

Mr. Lawrence A. Carton, Jr., argued the cause for defendant Hanson VanWinkle Munning Athletic Association (Messrs. Roberts, Pillsbury & Carton, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

In determining the consequences to be visited upon a litigant because of the tardiness of his attorney in complying with our rules of practice and procedure, Mr. Justice Jacobs aptly stated in Martindell v. Martindell, 21 N.J. 341, 349 (1956), that "justice to the litigants is always the polestar." The circumstances of the...

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