KOHN'S BAKERY, INC. v. TERRACCIANO


147 N.J. Super. 582 (1977)

371 A.2d 789

KOHN'S BAKERY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSEPH R. TERRACCIANO; A. & J. CAFE, INC., A CORPORATION OF THE STATE OF NEW JERSEY; THOMAS MOSCARELLO AND MARIE MOSCARELLO, HUSBAND AND WIFE; AND ANN M. BURNETT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1977.


Attorney(s) appearing for the Case

Mr. Richard D. Ehrlich argued the cause for appellant.

Respondents did not file a brief.

Before Judges FRITZ, ARD and PRESSLER.


PER CURIAM.

The trial judge, sitting in Chancery, dismissed plaintiff's complaint for its failure to appear for trial and for the failure of its counsel to file a trial brief as required by the pretrial order. At the same time he struck defendants' answer for the failure of their counsel to comply with the mandate of the pretrial order that trial briefs be filed. Plaintiff appealed forthwith, and, as a matter of fact, before the actual order was either signed or entered...

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