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SPLASH OF TILE, INC. v. MOSS

814 A.2d 648 (2003)

357 N.J. Super. 143

SPLASH OF TILE, INC., Plaintiff-Respondent/Cross-Appellant, v. Steven J. MOSS, Defendant-Appellant. Steven J. Moss, Plaintiff-Appellant, v. Splash of Tile, Inc., and Meyer Beyder, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 2003.

Attorney(s) appearing for the Case

Thomas E. Maxim, Bridgewater, argued the cause for appellant.

Andrew R. Turner, South Orange, argued the cause for respondent/cross-appellant in A-5595-00T1 and respondents in A-5775-00T1 (Turner Law Firm, attorneys; Andrew R. Turner, of counsel and on the brief).

Before Judges CONLEY, CARCHMAN and PARRILLO.

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

In this appeal, we address the issue of whether a counterclaimant in an action in the Special Civil Part, whose counterclaim exceeds the jurisdictional monetary limits of the Special Civil Part, must move to transfer the Special Civil Part action to the Law Division under R. 6:4-1(c) at the time of filing a counterclaim. We disagree with the motion judge's...

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