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CUNNINGHAM v. RUMMEL

223 N.J. Super. 15 (1988)

537 A.2d 1314

ROSE CUNNINGHAM, PLAINTIFF-APPELLANT, v. ELIZABETH RUMMEL AND WILLIAM RUMMEL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1988.

Attorney(s) appearing for the Case

Steven L. Kessel argued the cause for appellant (Drazin & Warshaw, attorneys; Steven L. Kessel on the brief).

John Lee argued the cause for respondents (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Stephen J. Foley, Jr., on the brief).

Before Judges COLEMAN, HAVEY and STERN.

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

In this personal injury action, plaintiff appeals from an order dismissing her complaint for failure to attend a deposition. Defendants had moved for an order to set a date certain for the taking of the deposition. The motion was denied because of a "local rule" that the appropriate motion when a party fails to attend a deposition is for dismissal of the complaint or suppression of the answer, rather than to...

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