KOLCZYCKI v. CITY OF EAST ORANGE


722 A.2d 603 (1999)

317 N.J. Super. 505

Larry KOLCZYCKI, Thomas Matarese and Bachelor I Tavern, Inc., t/a Scandals, Plaintiffs-Respondents, v. CITY OF EAST ORANGE, the Office of the Mayor for the City of East Orange, the East Orange City Council, the East Orange Police Department—Bureau of Internal Affairs, the East Orange Fire Department, the East Orange Bureau of Fire Prevention, the East Orange Department of Property Maintenance and Re-Vitalization, jointly and severally, Lieutenant John Jackson, Individually and as Employee of the East Orange Police Department, Defendants-Appellants, and Harry E. Harman, as Chief of Police for the City of East Orange, and Ronald Salahuddin, individually and as Director of Property Maintenance for the City of East Orange, John Does 1-10, Fictitious Individuals the identities of Whom are Yet Unknown, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1999.


Attorney(s) appearing for the Case

Brown & Childress, East Orange, for defendants-appellants (Alan L. Jackson, on the brief).

Nowell Amoroso, Hackensack, for plaintiffs-respondents (Christopher W. McGarry, on the brief).

Before Judges STERN, LANDAU and BRAITHWAITE.


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

Defendants appeal from an order striking their answer and separate defenses for failure to provide discovery and from the entry of judgment in favor of plaintiffs following a proof hearing. There is a cross-appeal from denial of counsel fees. For reasons discussed below, we reverse and remand.

After timely filing of a tort claim notice on July 14, 1992, plaintiffs filed a Law Division action against...

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