KLAJMAN v. FAIR LAWN ESTATES


292 N.J. Super. 54 (1996)

678 A.2d 289

IDA KLAJMAN, PLAINTIFF-APPELLANT, v. FAIR LAWN ESTATES, JOHN DOE A FICTITIOUS NAME FOR ONE OR MORE NATURAL PERSONS, AND ABC COMPANY A FICTITIOUS NAME FOR ONE OR MORE COMPANIES AND/OR CORPORATIONS, DEFENDANTS-RESPONDENTS. FAIR LAWN ESTATES, DEFENDANT/THIRD-PARTY PLAINTIFF, v. AFFILIATED DEVELOPMENT, INC., THIRD-PARTY DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1996.


Attorney(s) appearing for the Case

John C. Ciabattari argued the cause for appellant (Jay Lowenstein, attorney; Mr. Ciabattari, on the brief).

Eli L. Eytan argued the cause for respondent Fair Lawn Park Estates (Mauro C. Casci, attorney; Mr. Eytan, on the brief).

Shannon A. Garvey argued the cause for respondent Affiliated Management Company, Inc. (Edward P. Papalia, Jr., attorney; Edward P. Papalia, Jr., on the brief).

Before Judges PRESSLER, KEEFE and WEFING.


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

Plaintiff, Ida Klajman, appeals from a judgment denying her motion to reinstate her complaint. We hold that the dismissal of plaintiff's complaint with prejudice, ostensibly under the authority of R. 4:23-5(a)(2), was so procedurally deficient and fundamentally unfair that exceptional circumstances have been shown warranting reinstatement of the complaint. R. 4:50-1(f). Thus, the judgment under...

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