RUTHERFORD v. BOR. OF RUTHERFORD


277 N.J. Super. 347 (1994)

649 A.2d 898

RUTHERFORD REALTY ASSOCIATES, PLAINTIFF-APPELLANT, v. BOROUGH OF RUTHERFORD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1994.


Attorney(s) appearing for the Case

Alan R. Hammer argued the cause for appellant (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Hammer, of counsel; Mr. Hammer, Michael I. Schneck and David L. Wecht, on the brief).

Kathy Rohr, Senior Deputy Attorney General argued the cause for respondent Superior Court (Deborah T. Poritz, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Rohr on the brief).

The Borough of Rutherford did not file any brief or participate in this appeal.

Before Judges DREIER and VILLANUEVA.


PER CURIAM.

Plaintiff appeals from two $500 sanctions imposed by the Tax Court judge, alleging that the judge abused his discretion by not granting plaintiff's request to adjourn the first trial date and thereafter imposing these sanctions as a precondition for reinstatement. We reverse.

Plaintiff, Rutherford Realty Associates, owns an office building located at 71 Union Avenue, Rutherford, New Jersey. On or about March 4, 1992, plaintiff filed a direct appeal...

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