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FISHER v. YATES

270 N.J. Super. 458 (1994)

637 A.2d 546

NANCY FISHER, PLAINTIFF-APPELLANT, v. KENNETH YATES AND DOROTHY YATES, DEFENDANTS-RESPONDENTS. NANCY FISHER, PLAINTIFF-APPELLANT, v. YATES ENTERPRISES OF NEW JERSEY, INC. AND LAWRENCE A. PRAY, INC., DEFENDANTS-RESPONDENTS, v. KENNETH YATES AND DOROTHY YATES, THIRD PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1994.

Attorney(s) appearing for the Case

Michael J. Nizolek argued the cause for appellants (Backes & Hill, attorneys; Mr. Nizolek, of counsel and on the brief).

Robert F. Gaskill argued the cause for respondent Lawrence A. Pray, Inc. (Begley, McCloskey & Gaskill, attorneys; Mr. Gaskill, on the brief).

Thomas F. Bullock argued the cause for respondents Yates (Slater & Tenaglia, attorneys; Mr. Bullock on the brief).

Before Judges SHEBELL, LONG and LANDAU.

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

These consolidated appeals by plaintiff Nancy Fisher (plaintiff) arise from the denial of plaintiff's motion, heard just one week before trial, to amend the pleadings to join an additional party and to assert new contradictory theories of liability (Fisher I),1 and from the Law Division's dismissal of plaintiff's subsequent complaint

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