ALBARRAN v. LUKAS


276 N.J. Super. 91 (1994)

647 A.2d 476

DEOGRACIA ALBARRAN AND ROBERTA ALBARRAN, PLAINTIFFS-RESPONDENTS, v. JOSEPH J. LUKAS AND J. LUKAS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1994.


Attorney(s) appearing for the Case

John Badagliacca argued the cause for appellants (Garrity, Graham, Hawkins & Favetta, attorneys; Mr. Badagliacca, on the brief).

Thomas Grealis argued the cause for respondents (Juman & Juman, attorneys).

Before Judges KESTIN and WEFING.


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

After issue had been joined in this personal injury action, defendants served plaintiffs with interrogatories on June 24, 1989. No answers were served. More than five months later, following unsuccessful attempts to communicate with plaintiffs' attorneys both by letter and telephone, defendants moved, on notice, pursuant to R. 4:23-5(a), as it then provided...

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