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ABTRAX PHARMACEUTICALS, INC. v. ELKINS-SINN, INC.

139 N.J. 499 (1995)

655 A.2d 1368

ABTRAX PHARMACEUTICALS, INC., T/A SUMMIT HILL LABORATORIES, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ELKINS-SINN, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 10, 1995.

Attorney(s) appearing for the Case

Timothy J. Hinlicky argued the cause for appellant and cross-respondent (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., on the brief).

Bernard F. Conway argued the cause for respondent and cross-appellant (Mr. Conway, attorney; Kevin Weinman, on the brief).

The opinion of the Court was delivered by STEIN, J.

The issue before us is whether a complaint should be dismissed pursuant to Rule 4:23-2(b)(3) for discovery misconduct consisting of the willful concealment of relevant documents. The Law Division found that plaintiff's conduct was contumacious, dismissed plaintiff's complaint with prejudice, and awarded counsel fees and expenses. In an unreported opinion, the Appellate Division agreed with the finding that...

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