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SCALZA v. SHOP RITE SUPERMARKETS, INC.

304 N.J. Super. 636 (1997)

HELEN SCALZA, PLAINTIFF-APPELLANT, v. SHOP RITE SUPERMARKETS, INC., SHOP RITE OF CLARK, INC., AND WAKEFERN REALTY CO., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS, AND PATHMARK OF CLARK, INC., AND SUPERMARKETS GENERAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1997.

Attorney(s) appearing for the Case

Hugo Villalobos argued the cause for appellant (Mr. Villalobos, on the brief).

Peter M. Rozano argued the cause for respondents (Mr. Rozano, on the brief).

Before Judges A.A. RODRIGUEZ and COBURN.

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

Plaintiff appeals from an order, obtained by defendants pursuant to R. 4:23-2(b)(3), dismissing her complaint without prejudice for failure to comply with an earlier order requiring more specific answers to interrogatories. Because the order of dismissal was obtained ex parte, we reverse.

Plaintiff's complaint alleges that on February 19, 1993, she was a business invitee of defendants when...

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