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RH LYTLE CO. v. SWING-DOOR CO., INC.

287 N.J. Super. 510 (1996)

671 A.2d 602

R H LYTLE CO., PLAINTIFF-APPELLANT, v. SWING-RITE DOOR CO., INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1996.

Attorney(s) appearing for the Case

Presler and Pressler, attorneys for appellant (Ilona A. Praschak, on the brief).

Michael V. Dowgin, attorney for respondent (Mr. Dowgin, on the letter-brief).

Richard Eichenbaum, Chair, Special Civil Part Committee, attorney for amicus curiae New Jersey State Bar Association (Mr. Eichenbaum, of counsel and on the brief).

Before Judges MICHELS, BAIME and KIMMELMAN.

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

Plaintiff appeals from the dismissal of its complaint for failure to appear on the date set for trial. We hold that the Special Civil Part mistakenly exercised its discretion by denying plaintiff's request for an adjournment to complete discovery within the 100 day period allowed by our rules.

The facts are not in dispute. Plaintiff filed a complaint against defendant alleging that $2,819.84 was due and...

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